Subrun v. Holder et al

Filing 12

REPORT AND RECOMMENDATIONS on 28 USC 2241 case re 1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Petuel Subrun. Recommending dismissing as moot. Objections to R&R due by 10/29/2009. Signed by Magistrate Judge Patrick A. White on 10/8/2009. (tw)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-22514-CIV-HUCK MAGISTRATE JUDGE P. A. WHITE PETUEL SUBRUN, Petitioner, v. ERIC HOLDER, : : : : REPORT OF MAGISTRATE JUDGE

Respondent. : ______________________________ The petitioner has filed a petition pursuant to 28 U.S.C. §2241 seeking release from INS detention. The government has filed a response, with multiple exhibits (DE#7), stating that the petitioner has been released from detention pending his removal from the United States. Included with their response is the Release Notification and Order of Supervision. (Exhibit A). The petitioner now resides in Miami, Florida. To successfully challenge deportation the petitioner must establish that 1) the six month period for statutory removal as established in Zadvydas v Davis, 533 U.S. 678 (2001) had expired when the §2241 was filed, that there is no and 2) to provide evidence to believe likelihood of removal in the significant

foreseeable future. Akinwale v Ashcroft, 287 F.3d 1050 (11 Cir. 2002). Clearly, the petitioner's release from ICE detention renders this petition moot. Article III of the Constitution limits the federal court jurisdiction to the consideration of cases and controversies. In order to satisfy the constitutional requirement, the petitioner must suffer or be threatened with an actual injury

traceable to the defendant, which is likely to be redressed by a favorable judicial decision. Soliman v. United State, 296 F.3d 1237, 1243-44 (11 Cir. 2002). Once the petitioner is released, he must demonstrate an existing collateral consequence in order to maintain the suit. Id.Spencer v Kemma, 523 U.S. 1 (1998) It is therefore recommended that this petition be dismissed as moot. Dated this 8th day of October, 2009.

______________________________ UNITED STATES MAGISTRATE JUDGE cc: Petuel Subrun, Pro Se 1256 NW 79th St Apt 108 Miami, FL 33147 Milton Aponte, AUSA Office of US Attorney- Miami Address of Record

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