BEITA v. GREEN
OPINION. Signed by Judge John Michael Vazquez on 7/20/17. (sr, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
HANZEL BEITA BEITA,
Civil Action No. 17-3961 (JMV)
HANZEL BEITA BEITA
Essex County Correctional Center
354 Doremus Avenue
Newark, NJ 07105
Petitioner, pro se
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 31, 2017, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. §
2241 (ECF No. 1), challenging his prolonged detention since October 12, 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.) On July 18, 2017, Respondent submitted the
Declaration of Deportation Officer Gerardo Ore, indicating that ICE removed Petitioner to Costa
Rica on June 26, 2017. (ECF No. 4-1, ¶5.) Respondent contends the habeas petition is moot.
(ECF No. 4.)
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
An appropriate Order follows.
Date: July 20, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge
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