Ortiz German v. Sessions et al

Filing 7

ORDER DISMISSING Petition for Writ of Habeas Corpus. Signed by Judge Roger T. Benitez on 8/28/2017.(All non-registered users served via U.S. Mail Service)(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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FERNANDO CALEB ORTIZ GERMAN,
A# 209-160-512,

Case No.: 3:17-cv-00877-BEN-MDD

Petitioner,

ORDER DISMISSING PETITION
FOR WRIT OF HABEAS CORPUS

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v.
JEFFERSON B. SESSIONS, III, in his
official capacity as Attorney General of
the United States; JOHN F. KELLY, in
his official capacity as the Secretary of the
Department of Homeland Security;
GREGORY J. ARCHAMBEAULT, in his
official capacity as the San Diego Field
Office Director, Immigrations and
Customs Enforcement, Enforcement and
Removal Operations; FRED FIGUEROA,
in his official capacity as the warden for
the "CoreCivic" Otay Mesa Detention
Facility,
Respondents.

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On May 1, 2017, Petitioner Fernando Caleb Ortiz German filed a petition for writ

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habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1). He moves this Court to issue

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a writ of habeas corpus to compel Respondents to appear and show cause why the

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Petitioner should not be immediately granted a bond hearing to determine whether he

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may be released from the custody of the United States Department of Homeland Security,

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Immigration and Customs Enforcement ("ICE").

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A month later, on June 8, 2017, the Board of Immigration Appeals ("BIA")

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remanded Petitioner's bond proceedings to the Immigration Judge ("IJ") for a bond

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hearing. (ECF No. 6-1, Ex. 1). On June 30, 2017, ICE released Petitioner from custody

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on a $5,000 bond. (ECF No. 6-1, Ex. 2). It does not appear that Petitioner has appealed

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to the BIA regarding the amount of the bond.

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Petitioner has been granted the release that he sought. Thus, his habeas petition is

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now moot. Abdala v. INS, 488 FJd 1061, 1064-65 (9th Cir. 2007) ("[A] petitioner's

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release from detention under an order of supervision 'moot[ed] his challenge to the

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legality of his extended detention."' (citing other source)). Accordingly, the Court

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DISMISSES his petition as moot.

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IT IS SO ORD RED.

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Dated:

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n.
er T. Benitez
nited States District Judge

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