Monje v. Napolitano et al

Filing 8

ORDER Denying Petition For Writ Of Habeas Corpus Pursuant To 28 U.S.C. Section 2241 (Re Doc. 1 ): The Court DENIES the petition for writ of habeas corpus pursuant to 28 U.S.C. Section 2241 as MOOT. Signed by Judge Anthony J. Battaglia on 7/3/2012. (mdc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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FERNANDO MONJE,

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Civil No.
Petitioner,

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v.

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JANET NAPOLITANO, SECRETARY OF
THE DEPARTMENT OF HOMELAND
SECURITY; ERIC HOLDER, ATTORNEY
GENERAL; ROBIN BAKER, DIRECTOR OF
SAN DIEGO FIELD OFFICE, U.S.
IMMIGRATION AND CUSTOMS
ENFORCEMENT; EL CENTE DETENTION
CENTER OFFICER IN CHARGE,

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12cv242-AJB(JMA)

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ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS
PURSUANT TO 28 U.S.C. § 2241

Respondents.

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Petitioner Fernando Monje, a detainee in the custody of the Department of Homeland
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Security (“DHS”)1, Bureau of Immigration and Customs Enforcement, proceeding with counsel,
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filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 seeking to be released from
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custody. Respondent filed a return to the petition on April 6, 2012. (Dkt. No. 6.) Petitioner did not
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file a reply. After a thorough review of the papers and applicable law, the Court DENIES the
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petition for writ of habeas corpus as MOOT.
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Discussion
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Petitioner is a native and citizen of Bolivia. (Dkt. No. 6, Resp’t Exs. at 1.) On April 7, 1997,
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On March 1, 2003, the Immigration and Naturalization Service (“INS”) was dissolved and its
functions were transferred to the Department of Homeland Security. See Casas-Castrillon v. Dept. of
Homeland Security, 535 F.3d 942, 945 n. 1 (9th Cir. 2008).
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Petitioner became a lawful permanent resident of the United States. (Id.) On August 3, 2001 he was

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convicted of credit card theft, credit card forgery, and credit card fraud. (Id. at 2-13.) On November

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9, 2011, DHS placed Monje in removal proceedings on the basis of the 2001 convictions. (Id. at 17-

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19.) Because he is an aggravated felon, Petitioner was subject to mandatory detention pending the

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administrative phase of his removal proceedings. (Id. at 21-24.)

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On February 25, 2011, the immigration judge (“IJ”) ordered Monje removed from the United

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States to Bolivia. (Id. at 34.) On March 21, 2011, Petitioner appealed to the Board of Immigration

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Appeals (“BIA”) which remanded the case to the IJ for further proceedings. (Id. at 37-44.) On

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August 31, 2011, in remanded proceedings, the IJ again ordered Petitioner removed from the United

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States to Bolivia. (Id. at 46-58.) On December 22, 2011, the BIA denied Petitioner’s appeal. (Id. at

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60-62.) On January 3, 2012, Petitioner petitioned for review with the Ninth Circuit and was granted

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a temporary stay of removal. (Id. at 65.)

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On January 30, 2012, Petitioner filed the instant habeas petition. (Dkt. No.1.) On March 6,

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2012, DHS moved the Immigration Court to schedule a custody hearing for Petitioner. (Dkt. No. 6,

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Resp’t Exs. at 66-67.) On April 2, 2012, the IJ convened the requested custody hearing and set bond

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at $7,500. (Id. at 68.) On April 3, 2012, Petitioner posted bond, and DHS released him from

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custody. (Id. at 69.)

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In its brief, Respondent argues that Petitioner has received the relief he sought by being

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released on bond and the case is now moot. Petitioner has not filed an opposition. Petitioner

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received a bond hearing, was granted bond, posted bond and released from custody. Accordingly,

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the Court DENIES the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 as MOOT.

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IT IS SO ORDERED.

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DATED: July 3, 2012

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Hon. Anthony J. Battaglia
U.S. District Judge

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