Lor v. Aiken et al

Filing 14

ORDER OF DISMISSAL. Signed by Judge Vince Chhabria on 4/12/2016. (knm, COURT STAFF) (Filed on 4/12/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ZANG LOR,
Petitioner,

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United States District Court
Northern District of California

ORDER OF DISMISSAL

v.

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Case No. 15-cv-05336-VC (PR)

TIMOTHY S. AIKEN, et al., Warden,
Respondents.

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On November 10, 2015, Petitioner Zang Lor, a non-citizen who was detained by

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Immigration and Customs Enforcement (“ICE”), filed this habeas petition under 28 U.S.C. § 2241

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seeking relief from detention under 8 U.S.C. § 1231(a)(6) on the ground that his removal was not

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reasonably foreseeable. On December 22, 2015, the Court issued an order for Respondents to

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show cause why the petition should not be granted. On February 19, 2016, Respondents filed a

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notice of suggestion of mootness with evidence showing that, on December 18, 2015, ICE

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released Lor from detention pending his removal from the United States and subject to an order of

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supervision. See Doc. 13, Ex. A, Order of Supervision. Respondents correctly argue that Lor’s

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release from immigration detention renders his petition moot. See Pitts v. Terrible Herbst, Inc.,

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653 F.3d 1081, 1087 (9th Cir. 2011) (if events subsequent to filing complaint resolves parties’

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dispute, case must be dismissed as moot); Mamigonian v. Biggs, 710 F.3d 936, 942 (9th Cir. 2013)

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(alien’s habeas petition challenging detention pending deportation rendered moot when she was

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released from custody). Federal courts lack authority to decide moot cases. Pitts, 653 F.3d at

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1087.

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Therefore, this petition is dismissed for lack of jurisdiction. The Clerk shall issue a

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separate judgment and close the case.

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IT IS SO ORDERED.

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Dated: April 12, 2016

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VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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