SANCHEZ v. GREEN

Filing 6

OPINION. Signed by Judge John Michael Vazquez on 9/18/17. (cm, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
____________________________________
:
JOEL SANCHEZ,
:
:
Civil Action No. 17-5582 (JMV)
Petitioner,
:
:
v.
:
OPINION
:
CHARLES GREEN,
:
:
Respondent.
:
____________________________________:
APPEARANCES:
JOEL SANCHEZ
Essex County Correctional Facility
354 Doremus Ave.
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 28, 2017, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. §
2241 (ECF No. 1), challenging his prolonged detention since January 6, 2017 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 September 14, 2017, Respondent submitted the Declaration of
Deportation Officer James A. Brantley, indicating that ICE removed Petitioner to Mexico on
August 23, 2017. (ECF No. 5-1.) Respondent contends the habeas petition is moot. (ECF No. 5.)

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.

An appropriate Order follows.

Date: September 18, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge

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