Ali v. Lowe et al
MEMORANDUM Accordingly, the instant habeas corpus petition will be dismissed as moot. A separate Order shall issue.Signed by Honorable Robert D. Mariani on 3/1/17. (jfg)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BHINDER NAVEED ALI,
CRAIG LOWE, et al.,
On August 8,2016, Petitioner, Bhinder Naveed Ali, a native and citizen of Pakistan,
filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging his
continued detention by the United States Immigration and Customs Enforcement ("ICE"),
and seeking a release from custody. (Doc. 1, pp. 1,5-7) (citing Zadvydas v. Davis, 533
U.S. 678 (2001) (establishing a six-month presumptively reasonable period permitted to
effectuate an alien's deportation following a final order of removal). At the time his petition
was filed, Petitioner was detained at the Pike County Correctional Facility, in Lords Valley,
Pennsylvania. (Doc. 1).
On February 28,2017, Respondents filed a suggestion of mootness stating that
Petitioner was removed from the United States on February 14, 2017. (Doc. 10).
Respondents argue that the habeas petition is therefore moot. (Id. at pp. 1-2) (citing
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 plaintiffs 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.")). In an effort to ascertain the custodial status of Petitioner,
the Court accessed the United States Immigration and Customs Enforcement Online
Detainee Locator System, which revealed that Petitioner is no longer in the custody of that
agency.1 For the reasons set forth below, the habeas petition will be dismissed as moot.
Article III of the Constitution dictates that a federal court may adjudicate "only actual,
ongoing cases or controversies." Lewis v. Continental Bank Corp., 494 U.S. 472, 477
(1990); Burkey v. Marberry, 556 F.3d 142, 147 (3d Cir. 2009). "[A] petition for habeas
corpus relief generally becomes moot when a prisoner is released from custody before the
Upon entering Petitioner's alien registration number, 070777836, and his country of birth,
Pakistan, into the Online Detainee Locator System, https:lllocator.ice.gov/odls/homePage.do, his status
was returned as follows:
Name: NAVEED A BHINDER
Country of Birth: Pakistan
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:
Removed from or voluntarily departed the United States,
Released from custody pending the outcome of their case,
Released into the United States due to the resolution of the immigration case (e.g., grant of an
immigration bene'fit that permits the person to remain in the country), or
Transferred into the custody of another law enforcement or custodial agency.
court has addressed the merits of the petition." Diaz-Cabrera v. Sabol, 2011 U.S. Dist.
LEXIS 124195, *3 (M.D. Pa. 2011) (quoting Lane v. Williams, 455 U.S. 624, 631 (1982)).
Thus, when a petitioner, who challenges only his ICE detention pending removal and not
the validity of the removal order itself, is deported, the petition becomes moot because the
petitioner has achieved the relief sought. See Tahic v. Holder, 2011 U.S. Dist. LEXIS
49782, *3-4 (M.D. Pa. 2011); Nguijol v. Mukasey, 2008 U.S. Dist. LEXIS 95464, *1-2 (M.D.
Pa. 2008) (dismissing the habeas petition as moot).
In the present case, the habeas petition challenges Petitioner's continued detention
pending removal. See (Doc. 1). Because Petitioner has since been released from ICE
custody and removed from the United States, the petition no longer presents an existing
case or controversy. See Diaz-Cabrera, 2011 U.S. Dist. LEXIS 124195 at *2-4. Further,
Petitioner has received the habeas relief he sought, namely, to be released from ICE
custody. See Sanchez v. AG, 146 Fed. Appx. 547, 549 (3d Cir. 2005) (holding that the
habeas petition challenging the petitioner's continued detention by ICE was rendered moot
once the petitioner was released). Accordingly, the instant habeas corpus petition will be
dismissed as moot. A separate Order shall issue.
R ert ."1Vit!I.J.H;JHr\""""
United States District Judge
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