GIWAH v. TAYLOR et al
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NOT FOR PUBLICATION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
Civil Action No. 17-476 (JMV)
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
The I-205 form is signed but not dated.
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
An appropriate Order follows.
Date: April 4, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?