TURKSON v. GREEN

Filing 16

OPINION. Signed by Judge John Michael Vazquez on 9/18/17. (sr, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
____________________________________
:
JOSHUA TURKSON,
:
:
Civil Action No. 16-9451 (JMV)
Petitioner,
:
:
v.
:
OPINION
:
WARDEN CHARLES GREEN,
:
:
Respondent.
:
____________________________________:
APPEARANCES:
JOSHUA TURKSON
LaSalle Detention Facility
P.O. Box 560
Trout, LA 71371
Petitioner, pro se
BRYAN K. LONEGAN, Esq.
Office of Immigration Litigation
970 Broad Street
Newark, NJ 07102
On behalf of Respondent

VAZQUEZ, United States District Judge
On December 22, 2016, Petitioner filed a Petition for Writ of Habeas Corpus under 28
U.S.C. § 2241 (ECF No. 1), challenging his prolonged detention since May 19, 2015 by U.S.
Immigration and Customs Enforcement (“ICE”).

(ECF No. 1 at 5.)

This Court ordered

Respondent to answer the petition. (ECF No. 5.) On September 14, 2017, Respondent submitted
the Declaration of Deportation Officer James A. Brantley, indicating that ICE removed Petitioner
to Ghana on June 13, 2017. (ECF No. 15-1.) Respondent contends the habeas petition is moot.

(ECF No. 15.)
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: September 18, 2017
At Newark, New Jersey
/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge

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