VASQUEZ v. GREEN

Filing 6

OPINION. Signed by Judge John Michael Vazquez on 2/7/2017. (ld, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
____________________________________
:
PABLO HUGO LOPEZ VASQUEZ,
:
:
Civil Action No. 16-8343 (JMV)
Petitioner,
:
:
v.
:
OPINION
:
CHARLES GREEN,
:
:
Respondent.
:
____________________________________:
APPEARANCES:
Pablo Hugo Lopez Vasquez
Essex County Correctional Facility
354 Doremus Avenue
Newark, NJ 07105
acting Pro Se
Jordan Milowe Anger
Office of the U.S. Attorney
970 Broad Street, 7th Floor
Newark, NJ 07102
on behalf of Respondent

VAZQUEZ, United States District Judge
On November 7, 2016, Petitioner, acting pro se, filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241 (ECF No. 1), challenging his prolonged detention by U.S.
Immigration and Customs Enforcement (“ICE”). The Court ordered Respondent to answer the
petition. (ECF No. 2.) On December 8, 2016, Respondent informed the Court that Petitioner had
been removed from the United States. (ECF No. 3.) On January 19, 2017, Respondent filed the
Declaration of Jordan M. Anger with Petitioner’s Form I-205, which indicates that Petitioner was

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removed from the United States on November 30, 2016. (ECF No. 5 at 4.) Respondent contends
the habeas petition is moot. (Id. at 1.)
A habeas petition “generally becomes moot when [a petitioner] is released from custody”
because there is no longer “an actual injury traceable to the defendant and likely to be redressed
by a favorable judicial decision.” Vasquez v. Aviles, 639 F. App’x 898, 902 (3d Cir. 2016)
(quoting DeFoy v. McCullough, 393 F.3d 439, 442 (3d Cir. 2005)). The present petition no longer
presents a case or controversy under Article III, § 2 of the United States Constitution because
Petitioner is no longer detained by ICE. See id. (finding petition moot where there were no
collateral consequences that could be addressed by success on the petition after removal) (citing
Abdala v. I.N.S., 488 F.3d 1061, 1064 (9th Cir. 2007)). Therefore, the petition is dismissed as
moot.

An appropriate Order follows.

Date: February 7, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge

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