Filing 5

OPINION. Signed by Judge John Michael Vazquez on 01/12/2018. (ek)

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ : LUCILO FEDERICO BARONA, : : Civil Action No. 17-12977 (JMV) Petitioner, : : v. : OPINION : WARDEN BERGEN COUNTY JAIL, : : : Respondent. : ____________________________________: APPEARANCES: LUCILO FEDERICO BARONA A030-952-745 Bergen County Jail 160 River St. Hackensack, NJ 07601 Petitioner, pro se FRANCES C. BAJADA, Esq. United States Attorney’s Office 970 Broad Street Newark, NJ 07102 On behalf of Respondent VAZQUEZ, United States District Judge On December 12, 2017, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1), challenging his detention his detention since July 17, 2017, 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 January 9, 2018, Respondent submitted a form I-205, indicating that Petitioner was removed from the United States, departing from Miami, Florida, on December 19, 2017. (ECF No. 4 at 4.) Respondent contends the habeas petition is moot. (ECF No. 4 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. An appropriate Order follows. Date: January 12, 2018 At Newark, New Jersey s/ John Michael Vazquez JOHN MICHAEL VAZQUEZ United States District Judge 2

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