OWUSU v. GREEN
Filing
5
OPINION. Signed by Judge John Michael Vazquez on 4/25/2017. (ld, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
____________________________________
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KENNEDY OWUSU,
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Civil Action No. 16-8873 (JMV)
Petitioner,
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v.
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OPINION
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CHARLES GREEN,
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Respondent.
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____________________________________:
APPEARANCES:
KENNEDY OWUSU
Essex County Correctional Facility
354 Doremus Ave.
Newark, NJ 07105
Petitioner, 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 29, 2016, Petitioner Kennedy Owusu filed a Petition for Writ of Habeas
Corpus under 28 U.S.C. § 2241 (ECF No. 1), challenging his prolonged detention since January
16, 2016, by U.S. Immigration and Customs Enforcement (“ICE”). (ECF No. 1 at 2.) This Court
ordered Respondent to answer the petition. (ECF No. 2.) Respondent submitted an I-205 form,
showing that Petitioner was removed from the United States on February 23, 2017. (ECF No. 4.)
Respondent contends the habeas petition is moot. (Id.)
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: April 25, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge
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