WENG v. DECKER et al

Filing 8

OPINION. Signed by Judge John Michael Vazquez on 7/5/2017. (ld, )

Download PDF
NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ : YU TENG WENG, : : Civil Action No. 17-3243 (JMV) Petitioner, : : v. : OPINION : ERIC TAYLOR, Director Hudson : County Corr. Facility, : : Respondent. : ____________________________________: APPEARANCES: 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 2

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?