Hernandez v. Sessions et al

Filing 17

ORDER Adopting 9 Report and Recommendations on 1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Julio Rosabal Hernandez. Closing Case. Signed by Judge Robert N. Scola, Jr on 4/30/2018. (ail) NOTICE: If th ere are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. Entry Modified on 5/1/2018 (ail).

United States District Court
for the
Southern District of Florida
Julio Rosabal Hernandez, Petitioner, )
)
v.
)
Civil Action No. 17-24491-Civ-Scola
Jeff Sessions as Attorney General of )
the United States and others,
)
Respondents.
)
Order Adopting Magistrate Judge’s Report and Recommendation
This case was referred to United States Magistrate Judge Patrick A.
White, consistent with Administrative Order 2003-19 of this Court, for a ruling
on all pre-trial, nondispositive matters and for a report and recommendation
on any dispositive matters. On February 12, 2018, Judge White issued a report
concerning Petitioner Julio Rosabal Hernandez’s petition for writ of habeas
corpus under 28 U.S.C. § 2241, recommending that the Court dismiss
Mr. Hernandez’s petition without prejudice because he is no longer in the
United States Immigration and Customs Enforcement’s (“ICE”) custody, and as
a result, his claim of unlawful detention is now moot. (Report, ECF No. 9.) After
the initial fourteen-day objection period had passed, this Court entered an
order (ECF No. 14), extending the objection period to April 19, 2018 because it
appeared from the docket that Judge White’s report had been mailed to an
expired address. This Court mailed its order extending the objection period and
Judge White’s report to the address provided in the Government’s response to
Judge White’s Order to Show Cause (ECF No. 8). Mr. Hernandez did not submit
any objections before that deadline, and the time to do so has long passed.
Consequently, this Court conducts a clear-error review of Judge White’s report.
See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006).
The Court has considered Judge White’s report, the record, and the
relevant legal authorities. Mr. Hernandez’s main contention in his § 2241
petition was that he was being unlawfully detained and the record indicates he
has since been released from ICE’s custody. He thus obtained the relief he
sought under § 2241. According, the Court agrees with Judge White’s
conclusion that Mr. Hernandez’s § 2241 no longer presents a live controversy
and this Court no longer has jurisdiction over his case.
The Court thus affirms and adopts Judge White’s report and
recommendation (ECF No. 9). The Court dismisses without prejudice
Mr. Hernandez’s petition for writ of habeas corpus (ECF No. 1). Finally, the

Court directs the Clerk to close this case and deny any pending motions as
moot.
Done and ordered, at Miami, Florida, on April 30, 2018.
_______________________________
Robert N. Scola, Jr.
United States District Judge