Lopez-Morales v. Lynch et al

Filing 19

ORDER DISMISSING CASE: Respondents Motion to Dismiss (Doc. 18) is GRANTED.The petition for writ of habeas corpus pursuant to 28 U.S.C. §2241 (Doc. 1) is moot. This action is DISMISSED WITHOUT PREJUDICE. Signed by Judge David R. Herndon on 4/18/2016. (dsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ERNESTO LOPEZ-MORALES,

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Petitioner,
vs.

WARDEN of IMMIGRATION
DETENTION FACILITY,
Respondent.

Civil No. 16-cv-053-DRH-CJP

MEMORANDUM and ORDER
HERNDON, District Judge:
This matter is now before the Court on respondent’s Motion to Dismiss
Petition for Writ of Habeas Corpus as Moot. (Doc. 18).
Relevant Facts and Procedural History
Ernesto Lopez-Morales filed a petition for writ of habeas corpus pursuant
to 28 U.S.C. §2241 challenging his detention by Immigration and Customs
Enforcement (ICE). According to respondent, petitioner is a native and citizen of
Mexico who entered the United States illegally on an unknown date. In 2008, he
was convicted of a drug offense in Illinois. In 2015, ICE took him into custody
and initiated removal proceedings. Petitioner contested the removal proceedings,
and a final order had not been entered as of the date of respondent’s answer.
See, Doc. 9.
The §2241 petition asserts that petitioner was not properly subject to
mandatory detention under 8 U.S.C. §1226(c), and his continued detention
without a bond hearing violates his right to due process of law. The relief sought
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is a fair bond hearing and release from unlawful detention.
Respondent moves to dismiss because petitioner has now been released
from custody on March 22, 2016. See, Alien Booking Record, Doc. 18, Ex. 1.
Analysis
Under 28 U.S.C. § 2241(c), a writ of habeas corpus “shall not extend to a
prisoner” unless he is “in custody.” The “in custody” requirement is satisfied if
the petitioner was in custody at the time of the filing of the petition. Spencer v.

Kemna, 118 S. Ct. 978, 983 (1998). Therefore, a detainee who is released while
his petition for writ of habeas corpus is pending meets the “in custody”
requirement; his release does not necessarily render his petition moot.
However, the petition must still present a “case or controversy” under
Article III, § 2 of the Constitution. That is, the petitioner “must have suffered, or
be threatened with, an actual injury traceable to the [respondent] and likely to be
redressed by a favorable judicial decision.” Spencer, 118 S. Ct. at 983 (internal
citation omitted).
The Seventh Circuit directs a federal court to “dismiss a case as moot when
it cannot give the petitioner any effective relief.” A.M. v. Butler, 360 F.3d 787, 790
(7th Cir. 2004).

That is the situation here.

Petitioner has received the relief

sought, i.e., release from ICE custody.
Conclusion
Respondent’s Motion to Dismiss (Doc. 18) is GRANTED.
The petition for writ of habeas corpus pursuant to 28 U.S.C. §2241 (Doc. 1)

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is moot. This action is DISMISSED WITHOUT PREJUDICE
IT IS SO ORDERED.
Signed this 15th day of April 2016

Digitally signed by
Judge David R.
Herndon
Date: 2016.04.15
11:36:13 -05'00'
United States District Court

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