Towet v. ICE (DHS)

Filing 16

MEMORANDUM AND ORDER ENTERED: This matter is dismissed as moot. Petitioner's motion for release on supervision 13 is denied as moot. Signed by U.S. Senior District Judge Sam A. Crow on 07/18/17. Mailed to pro se party Eric Towet by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

ERIC TOWET,
Petitioner,
v.

CASE NO. 16-3171-SAC

IMMIGRATION AND CUSTOMS
ENFORCEMENT (DEPARTMENT OF
HOMELAND SECURITY),
Respondent.

MEMORANDUM AND ORDER
This matter is a petition for habeas corpus filed under 28 U.S.C.
§ 2241. Petitioner commenced this action while held at the Butler
County Jail in El Dorado, Kansas, under an order of removal entered
by the immigration court in Kansas City, Missouri.
During the pendency of this action, petitioner filed a second
petition for relief, Case No. 17-3033-JWL, Towet v. ICE. The Court
takes judicial notice that petitioner was granted release under
supervision in that matter.
A federal court “may only decide actual ongoing cases or
controversies.” Prier v. Steed, 456 F.3d 1209, 1212 (10th Cir.
2006)(citation omitted). The case or controversy requirement means
that throughout the pendency of a case, the petitioner “must have
suffered, or be threatened with, an actual injury traceable to the
defendant and likely to be redressed by a favorable judicial
decision.” Spencer v. Kemna, 523 U.S. 1, 7 (1998). Where an event
occurs while a matter is pending that makes it impossible for a court
to grant any relief, the matter becomes moot. Prier, id. at 1213.

Here, the petitioner’s release on supervision renders the
present petition moot. The petitioner has obtained the relief he
sought, and no additional relief is available.
IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed
as moot.
IT IS FURTHER ORDERED petitioner’s motion for release on
supervision (Doc. #13) is denied as moot.
IT IS SO ORDERED.
DATED:

This 18th day of July, 2017, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge