Omerovic v. Madigan et al

Filing 12

ORDER granting 8 Motion to Dismiss. The Court dismisses as moot the habeas petition and closes the file. Signed by Judge David R. Herndon on 7/31/2017. (klh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ZUHDIJA OMEROVIC,
Petitioner,

Civil No. 17-cv-605-DRH-CJP

vs.
WARDEN of IMMIGRATION
DETENTION FACILITY,
Respondent.
MEMORANDUM and ORDER
HERNDON, District Judge:
Petitioner Zuhdija Omerovic filed a petition for writ of habeas corpus
pursuant to 28 U.S.C. §2241 challenging his detention by Immigration and
Customs Enforcement (ICE).

Now before the Court is respondent’s Motion to

Dismiss Habeas Petition as Moot, Doc. 8.
Relevant Facts and Procedural History
Petitioner alleges that he was born in the former Yugoslavia. He is in this
country illegally, and is subject to a final order of removal. He was detained in
ICE custody awaiting removal when he filed his petition.

ICE has attempted,

unsuccessfully, to remove him to Bosnia-Herzegovina. The §2241 petition asserts
that petitioner’s continued detention is unlawful because he has been detained
longer than the presumptively reasonable period of six months set by Zadvydas v.
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Davis, 121 S. Ct. 2491 (2001). The relief sought is release from custody.
Respondent argues that the petition is moot because petitioner has now
been released on an order of supervision. See, Doc. 8, Ex. 1. 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
The only address the Court has for petitioner is the Pulaski County Detention Center. Mail sent
to petitioner there has been returned as undeliverable. See, Doc. 10.

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Respondent’s Motion to Dismiss Habeas Petition as Moot (Doc. 8) is
GRANTED. This action is DISMISSED WITHOUT PREJUDICE. The Court will
close the file.
IT IS SO ORDERED.
DATE: July 31, 2017

Digitally signed by
Judge David R. Herndon
Date: 2017.07.31
13:26:14 -05'00'
United States District Court

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