Dominguez-Garcia v. Lowe et al

Filing 7

MEMORANDUM A separate Order shall issue.Signed by Honorable Robert D. Mariani on 4/17/17. (jfg)

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
OLIVER DOMINGUEZ-GARCIA,
Petitioner

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Civil No. 3:17-cv-335
(Judge Mariani)

v.
CRAIG A. LOWE, et al.,
Respondents

MEMORANDUM
On February 23,2017, Petitioner, Oliver Dominguez-Garcia, a native and citizen of
Mexico, 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) (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 April 13, 2017, Respondents filed a suggestion of mootness stating that
Petitioner was deported from the United States on April 5, 2017. (Doc. 6; Doc. 6-1, Warrant
of Removal/Deportation). Respondents argue that the habeas petition is therefore moot.
(Doc. 6, pp. 1-3) (citing Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690,698-99 (3d Cir.

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1996) ("If developments occur during the course of adjudication that eliminate a plaintiffs
personal stake in the outcome of asuit or prevent a court from being able to grant the
requested relief, the case must be dismissed as moot."); Lindaastuty v. Attorney General,
186 F. App'x 294,298 (3d Cir. 2006) (noting that deportation renders a habeas petition
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.
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Discussion
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

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Upon entering Petitioner's alien registration number, 206318573, and his country of birth,
Mexico, into the Online Detainee Locator System, https:lllocator.ice.gov/odls/homePage.do, his status was
returned as follows:

Name: OLIVER DOMINGUEZ-GARCIA

Country of Birth: Mexico

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 benefit that permits the person to remain in the country), or

Transferred into the custody of another law enforcement or clJstodial agency.

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(1990); Burkey v. Marberry, 556 F.3d 142, 147 (3d Cir. 2009). "rA] petition for habeas

corpus relief generally becomes moot when a prisoner is released from custody before the
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 and seeks immediate release from custody. 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 F. App'x 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 disrnissed as moot.

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Aseparate Order shall issue.

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Date: Apnl jl2017
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o ert DMariani
United St~tes District Judge

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