Ulloa v. ICE et al

Filing 14

OPINION AND ORDER by Judge James H Payne ; finding as moot 13 Motion to Dismiss; finding as moot 1 Petition for Writ of Habeas Corpus (2241/2254) (LSA, Chambers)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA
CESAR A. ULLOA,

)
)
Petitioner,
)
)
vs.
)
)
U.S. IMMIGRATION AND CUSTOMS
)
ENFORCEMENT; TULSA COUNTY
)
SHERIFF’S OFFICE; STANLEY GLANZ, )
Tulsa County Sheriff; BRANSETTER,
)
ICE Supervisor,
)
)
Respondents.
)

Case No. 10-CV-592-JHP-FHM

OPINION AND ORDER
On September 17, 2010, Petitioner Cesar A. Ulloa, appearing pro se, filed a 28 U.S.C. § 2241
petition for writ of habeas corpus (Dkt. # 1). When he filed his petition, Petitioner was in custody
of U.S. Immigration and Customs Enforcement (“ICE”) at the David L. Moss Criminal Justice
Center, Tulsa, Oklahoma. He alleged that he is being illegally detained and seeks release from ICE
custody.
On February 8, 2011, the federal respondents filed a response to the petition and motion to
dismiss (Dkt. #s 12 and 13), asserting that this action should be dismissed as moot because Petitioner
was released from detention on January 6, 2011, pursuant to an Order of the Immigration Judge.
In support of their request for dismissal, respondents provide a Declaration (Dkt. # 12, Ex. 1) from
Charnel Dean Wright, Deportation Officer. In his Declaration, Mr. Wright confirms that after being
granted relief by the Board of Immigration Appeals (“BIA”), Petitioner was released from ICE
custody on January 6, 2011. Petitioner did not file a response in opposition to the motion to dismiss.

Based on Respondents’ representation that Petitioner has been released from detention, the
Court finds petitioner’s 28 U.S.C. § 2241 petition for writ of habeas corpus seeking release from
detention has been rendered moot.

ACCORDINGLY, IT IS HEREBY ORDERED that:
1.

The petition for writ of habeas corpus (Dkt. # 1) is declared moot.

2.

Respondents’ motion to dismiss (Dkt. # 13) is declared moot.

3.

This is a final order terminating this action.

DATED THIS 29th day of April 2011.

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