Zheng v. Becerra et al
Filing
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ORDER Dismissing Petition Without Prejudice and as Moot. Signed by Judge Cathy Ann Bencivengo on 4/12/2018.(All non-registered users served via U.S. Mail Service)(mxn)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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ZHENG, XUE RONG,
Case No.: 18cv137-CAB-BGS
Petitioner,
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v.
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ORDER DISMISSING PETITION
WITHOUT PREJUDICE AND AS
MOOT
XAVIER BECERRA, et al.,
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Respondents.
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Petitioner Zheng, Xue Rong was a detainee in the custody of the United States
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Immigration and Customs Enforcement (“ICE”) awaiting deportation to China. On
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January 19, 2018, Petitioner filed a petition for writ of habeas corpus pursuant to 28
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U.S.C. §2241. [Doc. No. 1.] Petitioner contended that she was being indefinitely
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detained in violation of Zadvydas v. Davis, 533 U.S. 678 (2001). On March 22, 2018,
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this Court issued an order staying the petition pending removal developments, and
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required Respondent to file a status report every thirty days detailing the diligent efforts
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undertaken to obtain Petitioner’s travel documents. [Doc. No. 6.]
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On April 11, 2018, Respondent filed a status report and a declaration stating that,
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while the application for Petitioner's travel document for China is still pending, Petitioner
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is no longer in ICE custody and has been released under an Order of Supervision. [Doc.
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No. 7-1 at ¶¶6 and 7.] Given that the only relief being sought was a release from
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18cv137-CAB-BGS
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detention, the Petition is now MOOT and, therefore, DISMISSED WITHOUT
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PREJUDICE.
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IT IS SO ORDERED.
Dated: April 12, 2018
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18cv137-CAB-BGS
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