Filing 7

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

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ : RABABA SALAMA BADAWY, : : Civil Action No. 16-8467 (JMV) Petitioner, : : v. : OPINION : TISH CASTILLO, : : Respondent. : ____________________________________: 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” 1 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 2

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