Jimenez v. Avilez

Filing 14

OPINION. Signed by Judge John Michael Vazquez on 3/22/17. (cm, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
____________________________________
:
FELIPE MIGUEL JIMENEZ,
:
:
Civil Action No. 17-872 (JMV)
Petitioner,
:
:
v.
:
OPINION
:
TISH CASTILLO,
:
:
Respondent.
:
____________________________________:
VAZQUEZ, United States District Judge
On January 31, 2017, the United States District Court, Southern District of New York
transferred to this Court Felipe Jimenez’s 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”). This Court ordered Respondent to answer the petition. (ECF No. 6.)
Respondent submitted an I-205 form, showing that Petitioner was removed from the United States
on February 21, 2017. (ECF No. 8-1.) Respondent contends the habeas petition is moot. (ECF
No. 8.)
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
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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: March 22, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge

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