Roa v. Napolitano et al

Filing 11

ORDER Dismissing Petition as Moot. On October 8, 2009, Respondents notified the Court that Petitioner was release from custody on or about October 1, 2009. Because the evidence before the Court establishes that Petitioner was release from custody, the Court finds that the petition is moot, and thus orders this case Dismissed. Signed by Judge Thomas J. Whelan on 10/22/09. (All non-registered users served via U.S. Mail Service)(cap) (av1).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 JANET NAPOLITANO, Secretary of the Department of Homeland Security, et al., Respondents. On July 30, 3009, Petitioner Norma Roa filed a petition for writ of habeas corpus v. NORMA ROA, Petitioner, CASE NO: 09-CV-1655 W (AJB) ORDER DISMISSING PETITION AS MOOT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

23 pursuant to 28 U.S.C. § 2241. Petitioner challenges her continued detention on the 24 grounds that it violates her Fifth Amendment due process rights. (See Doc. No. 1, p.5.) 25 26 On October 8, 2009, Respondents notified the Court that Petitioner was released 27 from custody on or about October 1, 2009. (See Doc. No. 10-1, ¶ 3.) Respondents, 28 therefore, argue that the case is moot and should be dismissed. To date, Petitioner has
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1 not filed a response to Respondents' notice, and thus Petitioner has not opposed the 2 request for dismissal. 3 Attached to Respondents' notice is a copy of the Order of Release on 4 Recognizance (Doc. No. 10-2), which was signed by Petitioner on October 1, 2009. 5 Because the evidence before the Court establishes that Petitioner was released from 6 custody, the Court finds that the petition is moot, and thus orders this case 7 DISMISSED . 8 9 10 11 12 13 14 15 CC: ALL PARTIES 16 17 18 19 20 21 22 23 24 25 26 27 28
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IT IS SO ORDERED.

DATED: October 22, 2009 Hon. Thomas J. Whelan United States District Judge