Demosthene v. Acosta et al

Filing 30

OPINION AND ORDER re: granting 29 UNOPPOSED MOTION to Dismiss for Mootness. The case is DISMISSED. The Clerk of the Court is directed to enter judgment terminate any pending motions and deadlines and close the file. Signed by Judge Sheri Polster Chappell on 7/5/2017. (SLU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
REDONDO DEMOSTHENE,
Petitioner,
v.

Case No: 2:17-cv-200-FtM-38MRM

JUAN L. ACOSTA, JOHN F. KELLY
and JEFFERSON BEAUREGARD
SESSIONS, III,
Respondents.
/
OPINION AND ORDER 1
This matter comes before the Court on Respondents, Juan Acosta, et al.'s
Unopposed Motion to Dismiss for Mootness (Doc. #29) filed on June 30, 2017. On March
3, 2017, Petitioner filed a Petition for habeas corpus relief (Doc. #1) pursuant to 28 U.S.C.
§ 2254 challenging his immigration detention. Petitioner was detained in custody pending
removal from the United States.
On March 10, 2017, an Immigration Judge terminated Petitioner’s removal
proceedings and dismissed the case without prejudice. The Department of Homeland
security appealed the Immigration Judge’s decision to the Board of Immigration Appeals

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(BIA). Petitioner was held in custody during the appeals process. Petitioner filed the
instant Petition for habeas relief.
On June 29, 2017, the BIA issued an opinion dismissing the Department of
Homeland Security’s appeal of the Immigration Judge’s order and terminated the
proceedings. Because of the BIA’s opinion, the removal proceeding against Petitioner is
administratively final. Petitioner was immediately released from custody. Since the
Petitioner is no longer in custody, Respondents now move to dismiss the Habeas
Petitioner as moot. Petitioner does not oppose the Motion.
When a habeas proceeding challenges the length of confinement as opposed to
the underlying conviction and the petitioner is released, the petition should be dismissed
as moot. Hernandez v. Wainwright, 796 F.2d 389, 390 (11th Cir. 1986). In this action,
Petitioner was not challenging the underlying reason for his detention only the length.
Therefore, since Petitioner has been released from custody, his case is now moot and
due to be denied.
Accordingly, it is now ORDERED:
Respondents, Juan Acosta, et al.'s Unopposed Motion to Dismiss for Mootness
(Doc. #29) is GRANTED. The case is DISMISSED. The Clerk of the Court is directed to
enter judgment terminate any pending motions and deadlines and close the file.
DONE and ORDERED in Fort Myers, Florida this 5th day of July, 2017.

Copies: All Parties of Record

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