Drabovskiy v. Warden of the Facility

Filing 19

MEMORANDUM (Order to follow as separate docket entry)As relief, Drabovskiy sought his immediate release from ICE detention. A submitted copy of an Order of Supervision issued by ICE in Petitioners case confirms that he has been granted release from detention. See Doc. 18-1. Since Petitioner has been afforded the relief sought by his pending action, under the principles set forth in Steffel, Drabovskiys instant petition is subject to dismissal as moot since it no longer presents an existing case or controversy. An appropriate Order will enter.Signed by Honorable Richard P. Conaboy on 5/3/16. (cc)

IN THE UNITE D STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

YAKOV DRABOVSKIY ,
Petitio ne r
CI VIL NO.

v.

3 : CV - 15 - 964

FILED
SCRANTO

(Judge Conaboy)

WARDEN , YORK COUNTY PRISON ,

MAY 0 3 2016

Respondent
MEMORANDUM

,-'ER _ _---''''-''''--_- +_ _

Background

Yakov Drabovskiy filed th i s pro se petiti on for writ of
habeas corpus pursuant to 28 U.S . C .

§

2241 while detained by the

Bureau of Immigrat i on and Customs Enforcement

( I CE) at t h e York

County Prison , York , Penns ylv ania , Named as Respondent is the
Warden of the York County Pris on .

Service of the petition was

previously ordered .
Accord i ng to the u nd isputed record ,

Petiti one r is a native

a nd c i tizen of Russia who entered the United States as a
re f ugee.

While in this country he was convicted of an

aggravated felony for drug trafficki n g.

As a conse quence of

that conviction , an Immigrati o n Judge ordered his removal from
the United States on April 6 , 2007 . During 2010 , the Petitioner
was sentenced by the Un i tes States Di strict Court for the
Western District of Lo u isiana to a 28 month term of imprisonment
after being f o und guilty o f multiple counts o f failure to

1

depart.

completion of that sentence he was

Follm"

transferred into ICE custody on May 4, 2015.
Petitioner's pending

§

2241 petition chall

s his

ndefinite detention pending removal under the standards
533 U.S. 678

announced in

(2001) and for

ly effect his removal.

failure to t

Discussion

On May 2, 2016, Respondent filed a "Suggestion of
Mootness.

u

Doc. 18, p. 1.

was released from

The notice states that Petitioner

CE detention on November 12, 2015 pursuant to

an order of supervision.

Accordingly, Respondent contends that
the sole relie

since Petitioner has been affo
pending action, di

sought by his

ssal on the basis of mootness is

appropriate.
The case or controversy requirement of Arti

e III,

§

2 of

the United States Constitution subsists through all stages of
federal judi

al

ngs.

Parties must continue to have a

"'personal stake in the outcome' of the lawsuit."
494 U.S. 472,
NevJkirk, 422 U.S. 395, 401 (1975).
the course of t

477-78

Lewis v.

(1990)i

Preiser v.

n other words, throughout

action, the aggrieved party must suffer or be

threatened with actual injury caus

by the defendant.

Lewis,

494 U.S. at 477.
The

udicatory power of a federal court depends upon "the

2

continuing existence of a live and acute controversy."
v. ThomDson, 415 U.S. 452,

459 (1974)

(emphasis in original)

ral cases is that an actual controversy must be

"The rule in

extant at all stages of review, not merely at the t
complaint is filed."

. at n.10

(citations omitted)

t
"Past

exposure to illegal conduct is insufficient to sustain a present
case or controversy ... if unaccompanied by continu
adverse effects."
(S.D.N.Y. 1985)
96

~=======-~~===='

(citing

, present

622 F. Supp. 1451, 1462

~~~~~~~~~~,

414 U.S. 488, 495­

Civil No. 3:CV-02 465,

(1974)); see also

s l o p . at p. 2 (M.D. Pa. May 17, 2002)

(Vanaskie, C.J.).

As relief, Drabovskiy sought his immediate release from ICE
tention.

A submitt

copy of an Order of Supervision issued

by ICE in Petitioner's case confirms that he has
Doc. 18 1.

release from detention.

granted

Since Petitioner has

been afforded the relief sought by his pending action, under the
principles set forth in
is subject to
exist

Drabovskiy's instant

smissal as moot since it no longer presents an

case or controversy.

An appropriate Order will enter.

United States District

DATED: MAY

ition

~016
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