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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! ! '":· f) I L- t., l 1 2 11-il AUG 29 AM 10: 'l i 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 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 13 14 15 16 17 18 19 20 21 22 23 24 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. 25 26 On May 1, 2017, Petitioner Fernando Caleb Ortiz German filed a petition for writ 27 habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1). He moves this Court to issue 28 a writ of habeas corpus to compel Respondents to appear and show cause why the 3: l 7-cv-00877-BEN-MDD ,./' 1 Petitioner should not be immediately granted a bond hearing to determine whether he 2 may be released from the custody of the United States Department of Homeland Security, 3 Immigration and Customs Enforcement ("ICE"). 4 A month later, on June 8, 2017, the Board of Immigration Appeals ("BIA") 5 remanded Petitioner's bond proceedings to the Immigration Judge ("IJ") for a bond 6 hearing. (ECF No. 6-1, Ex. 1). On June 30, 2017, ICE released Petitioner from custody 7 on a $5,000 bond. (ECF No. 6-1, Ex. 2). It does not appear that Petitioner has appealed 8 to the BIA regarding the amount of the bond. 9 Petitioner has been granted the release that he sought. Thus, his habeas petition is 10 now moot. Abdala v. INS, 488 FJd 1061, 1064-65 (9th Cir. 2007) ("[A] petitioner's 11 release from detention under an order of supervision 'moot[ed] his challenge to the 12 legality of his extended detention."' (citing other source)). Accordingly, the Court 13 DISMISSES his petition as moot. 14 IT IS SO ORD RED. 15 16 Dated: ' 17 18 n. er T. Benitez nited States District Judge 19 20 21 22 23 24 25 26 27 28 2 3: l 7-cv-00877-BEN-MDD

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