BARONA v. WARDEN BERGEN COUNTY JAIL et al

Filing 5

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

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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LUCILO FEDERICO BARONA,
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Civil Action No. 17-12977 (JMV)
Petitioner,
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v.
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OPINION
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WARDEN BERGEN COUNTY JAIL,
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Respondent.
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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

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