Dani v. Sessions
MEMORANDUM AND ORDER ENTERED: Respondent's motion to dismiss 7 is granted and this matter is dismissed as moot. Signed by District Judge John W. Lungstrum on 10/27/17. Mailed to pro se party Emmanuel Dani by regular mail. (smnd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CASE NO. 17-3127-JWL
MEMORANDUM AND ORDER
This matter is a petition for habeas corpus filed under 28 U.S.C.
§ 2241. Petitioner commenced this action seeking release from
detention pending his removal to South Sudan by the Department of
Homeland Security and U.S. Immigration and Customs Enforcement.
On October 5, 2017, respondent filed a motion to dismiss as moot,
citing petitioner’s removal from the United States on September 27,
2017. The respondent later notified the Court that the copy of the
motion mailed to petitioner was returned as undeliverable, and there
has been no response to the motion.
“Article III of the United States Constitution limits the
jurisdiction of federal courts to the adjudication of ‘Cases’ or
‘Controversies.’” Jordan v. Sosa, 654 F.3d 1012, 1019 (10th Cir.
2011), quoting U.S. Const. art III, § 2, c. 1. A habeas corpus action
is moot when it no longer presents a case or controversy. Spencer v.
Kemna, 523 U.S. 1, 7 (1998). To meet the case or controversy
requirement, a petitioner must show that he has suffered, or is
threatened with, an actual injury that is traceable to the respondent
and could be redressed by a judicial decision in his favor. Lewis v.
Continental Bank Corp., 494 U.S. 472, 478 (1990).
Petitioner’s removal from the United States in September 2017
ended his detention, and any order now directed to that detention would
provide no remedy. Accordingly, this action must be dismissed as moot.
See Ferry v. Gonzalez, 457 F.3d 1117, 1132 (10th Cir. 2001)(finding
habeas petition was moot where removal order had been executed and
petitioner was no longer in custody).
IT IS, THEREFORE, BY THE COURT ORDEED respondent’s motion to
dismiss (Doc. #7) is granted, and this matter is dismissed as moot.
IT IS SO ORDERED.
This 27th day of October, 2017, at Kansas City, Kansas.
s/ John W. Lungstrum
JOHN W. LUNGSTRUM
U.S. District Judge
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