DELMA v. GREEN

Filing 8

OPINION and ORDER, that Petitioner 1 Petition for Writ of Habeas Corpus is dismissed as moot and it is further Ordered that the Clerk shall serve a copy of this Order on Petitioner at his last known address; and it is further Ordered that the Clerk shall close this matter. Signed by Judge John Michael Vazquez on 2/13/2018. (JB, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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:
ERNST WOLF DELMA,
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:
Civil Action No. 17-5405 (JMV)
Petitioner,
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v.
:
OPINION AND ORDER
:
CHARLES GREEN,
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:
Respondent.
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____________________________________:
APPEARANCES:
ERNST WOLF DELMA
A#077-477-297
Essex County Correctional Facility
354 Doremus Avenue
Newark, NJ 07105
Petitioner, pro se
BRYAN K. LONEGAN, Esq.
Office of Immigration Litigation
970 Broad Street
Newark, NJ 07102
On behalf of Respondent

VAZQUEZ, United States District Judge
On July 21, 2017, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C.
§ 2241 (ECF No. 1), challenging his detention since June 17, 2016, by the U.S. Immigration and
Customs Enforcement (“ICE”). (ECF No. 1 at 2.) This Court ordered Respondent to answer the
petition. (ECF No. 2.) On February 9, 2018, Respondent submitted a form I-203, indicating that
Petitioner was released from custody on February 2, 2018, after his proceedings were terminated.

(ECF No. 7-1.) Respondent contends the habeas petition is moot. (ECF No. 7 at 1.)
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.
IT IS, therefore, on this 13th day of February, 2018
ORDERED that Petitioner’s Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241
(ECF No. 1) is DISMISSED as moot; and it is further
ORDERED that the Clerk shall serve a copy of this Order on Petitioner at his last known
address; and it is further
ORDERED that the Clerk shall close this matter.

s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge

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