WENG v. DECKER et al
OPINION. Signed by Judge John Michael Vazquez on 7/5/2017. (ld, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
YU TENG WENG,
Civil Action No. 17-3243 (JMV)
ERIC TAYLOR, Director Hudson
County Corr. Facility,
Robert Patrick Haney, Jr.
COVINGTON & BURLING LLP
The New York Times Building
620 Eighth Avenue
New York, New York 10018
On behalf of Petitioner
BRYAN K. LONEGAN
UNITED STATES ATTORNEY’S OFFICE
District of New Jersey
970 Broad Street, Suite 700
Newark, NJ 07102
On behalf of Respondent
VAZQUEZ, United States District Judge
On May 8, 2017, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. §
2241 (ECF No. 1), challenging his prolonged detention since August 3, 2015, by U.S. Immigration
and Customs Enforcement (“ICE”). (ECF No. 1 at 2.) This Court ordered Respondent to answer
the petition. (ECF No. 2.) Subsequently, Petitioner filed motions for pro hac vice admission of
Kemper Diehl, Esq. and Charlene Wang, Esq. (ECF Nos. 3, 4.) On June 30, 2017, Respondent
submitted a Release Notification dated June 19, 2017, showing that ICE approved Petitioner’s
release from custody pending removal, and an Order of Supervision, signed by Petitioner on June
23, 2017. (ECF Nos. 6-1, 6-2.) Respondent contends the habeas petition is moot. (ECF No. 6.)
Petitioner filed a Notice of Voluntary Dismissal without prejudice. (ECF No. 7.)
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. The motions for pro hac vice admission of Kemper Diehl, Esq. and Charlene Wang, Esq.
(ECF Nos. 3, 4) are also dismissed as moot.
An appropriate Order follows.
Date: July 5, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge
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