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)
! ! '":· 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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?