GIWAH v. TAYLOR et al

Filing 5

OPINION. Signed by Judge John Michael Vazquez on 4/4/17. (DD, ) N/M

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
____________________________________
:
ISSIKAH GIWAH,
:
:
Civil Action No. 17-476 (JMV)
Petitioner,
:
:
v.
:
OPINION
:
ERIC TAYLOR,
:
:
Respondent.
:
____________________________________:
VAZQUEZ, United States District Judge
On January 24, 2017, Petitioner Issikah Giwah filed a Petition for Writ of Habeas Corpus
under 28 U.S.C. § 2241 (ECF No. 1), challenging his prolonged detention since June 3, 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. 1 (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

1

The I-205 form is signed but not dated.
1

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 4, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge

2