Zheng v. Becerra et al

Filing 8

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ZHENG, XUE RONG, Case No.: 18cv137-CAB-BGS Petitioner, 12 13 v. 14 ORDER DISMISSING PETITION WITHOUT PREJUDICE AND AS MOOT XAVIER BECERRA, et al., 15 Respondents. 16 17 Petitioner Zheng, Xue Rong was a detainee in the custody of the United States 18 Immigration and Customs Enforcement (“ICE”) awaiting deportation to China. On 19 January 19, 2018, Petitioner filed a petition for writ of habeas corpus pursuant to 28 20 U.S.C. §2241. [Doc. No. 1.] Petitioner contended that she was being indefinitely 21 detained in violation of Zadvydas v. Davis, 533 U.S. 678 (2001). On March 22, 2018, 22 this Court issued an order staying the petition pending removal developments, and 23 required Respondent to file a status report every thirty days detailing the diligent efforts 24 undertaken to obtain Petitioner’s travel documents. [Doc. No. 6.] 25 On April 11, 2018, Respondent filed a status report and a declaration stating that, 26 while the application for Petitioner's travel document for China is still pending, Petitioner 27 is no longer in ICE custody and has been released under an Order of Supervision. [Doc. 28 No. 7-1 at ¶¶6 and 7.] Given that the only relief being sought was a release from 1 18cv137-CAB-BGS 1 detention, the Petition is now MOOT and, therefore, DISMISSED WITHOUT 2 PREJUDICE. 3 4 IT IS SO ORDERED. Dated: April 12, 2018 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 18cv137-CAB-BGS

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