Quang Lai v. Lynch et al

Filing 15

ORDER DISMISSING petition for writ of habeas corpus 1 as MOOT & directing Clrk of Ct to CLOSE case. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 2/27/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
QUANG LAI CHAU,
Petitioner
v.
LORETTA LYNCH, et al.,
Respondents

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CIVIL NO. 1:16-CV-1412
(Chief Judge Conner)

ORDER
AND NOW, this 27th day of February, 2017, upon consideration of the
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1), wherein
petitioner, Quang Lai Chau, challenges the constitutionality of his prolonged
detention by the United States Immigration and Customs Enforcement, and upon
further consideration of respondents’ suggestion of mootness indicating that
petitioner was released pursuant to an order of supervision on December 29, 2016,
see (Doc. 14), and this court, in an effort to ascertain the custodial status of
petitioner, accessed the United States Immigration and Customs Enforcement
Online Detainee Locator System, which revealed that petitioner is no longer in the

custody of that agency1, which renders the petition moot, see Khodara Envtl., Inc.
ex rel. Eagle Envtl., L.P. v. Beckman, 237 F.3d 186, 192-93 (3d Cir. 2001) (“Article III
of the Constitution grants the federal courts the power to adjudicate only actual,
ongoing cases or controversies.”); Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690,
698-99 (3d Cir. 1996) (“If developments occur during the course of adjudication that
eliminate a plaintiff’s personal stake in the outcome of a suit or prevent a court from
being able to grant the requested relief, the case must be dismissed as moot.”), it is
hereby ORDERED that:
1.

The petition for writ of habeas corpus (Doc. 1) is DISMISSED as moot.

2.

The Clerk of Court is directed to CLOSE this case.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

Upon entering petitioner’s alien registration number, 042020089, and his
country of birth, Vitenam, into the Online Detainee Locator System,
https://locator.ice.gov/odls/homePage.do, his status was returned as follows:
1

Name: QUANG LAI CHAU
Country of Birth: Vietnam
Status: Not In Custody
The individual’s status is “not in custody,” which means the person was released
from ICE custody within the last 60 days for any of the following reasons:
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Removed from or voluntarily departed the United States,
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Released from custody pending the outcome of their case,
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Released into the United States due to the resolution of the
immigration case (e.g., grant of an immigration benefit that permits
the person to remain in the country), or
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Transferred into the custody of another law enforcement or custodial
agency.