BADAWY v. LYNCH et al

Filing 7

OPINION. Signed by Judge John Michael Vazquez on 02/08/2017. (ek)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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RABABA SALAMA BADAWY,
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Civil Action No. 16-8467 (JMV)
Petitioner,
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v.
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OPINION
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TISH CASTILLO,
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Respondent.
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____________________________________:
APPEARANCES:
Rababa Salama Badawy
Hudson County Detention Center
35 Hackensack Ave.
South Kearny, NJ 07032
Acting pro se
Kruti D. Dharia
Office of the U.S. Attorney
District of New Jersey
970 Broad Street, Suite 700
Newark, NJ 07102
On behalf of Respondent

VAZQUEZ, United States District Judge
On November 14, 2016, Petitioner filed a Petition for Writ of Habeas Corpus under 28
U.S.C. § 2241 (ECF No. 1), challenging his prolonged detention by U.S. Immigration and Customs
Enforcement (“ICE”). Respondent submitted a letter to the Court stating that Petitioner was
released from custody on January 19, 2017, as established by Petitioner’s Release Notification.
(ECF No. 6.) Respondent contends the habeas petition is moot. (Id.)
A habeas petition “generally becomes moot when [a petitioner] is released from custody”
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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 8, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge

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