Sall v. Lowe
Filing
10
MEMORANDUM (Order to follow as separate docket entry). Signed by Honorable Matthew W. Brann on 10/23/2017. (jn)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
USMAN SALL,
Petitioner,
v.
WARDEN CRAIG LOWE,
Respondent.
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No.: 4:17-CV-1181
(Judge Brann)
MEMORANDUM OPINION
OCTOBER 23, 2017
I.
BACKGROUND
Usman Sall, a detainee of the Department of Homeland Security,
Immigration and Customs Enforcement (‘ICE”) filed this petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241 while confined at the Pike County
Prison, Lords Valley, Pennsylvania. Named as Respondent is Warden Craig Lowe
of the Pike County Prison. Service of the petition was previously ordered.
Sall states that he is a native and citizen of Guinea who entered the United
States on December 24, 2016 as an immigrant without a valid entry document. He
requested asylum at the border. An immigration judge denied Petitioner’s request
for asylum and withholding of removal and also ordered his removal from the
United States on May 15, 2017. Sall indicates that he did not appeal the decision.
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According to the Petitioner, he had been detained by ICE for over seven (7)
months as of the time this matter was filed. Sall alleges that ICE has been unable
to timely deport him to Guinea because it has been unable to obtain appropriate
travel documents. Petitioner’s pending § 2241 petition challenges his indefinite
detention pending removal under the standards announced in Zadvydas v. Davis,
533 U.S. 678 (2001).
II.
DISCUSSION
On June 6, 2017, Respondent filed a “Notice to Court of issuance of Travel
document.” Doc. 9, p. 1. The notice states that the government of Guinea issued a
travel document for Sall’s repatriation on July 19, 2017. A copy of the travel
document which accompanies the notice provides that it has an expiration date of
October 19, 2017. See Doc. 9-1. Accordingly, Respondent contends that since
there is a significant likelihood of Petitioner’s removal in the reasonably forseeable
future, dismissal of Sall’s pending action is appropriate.
Following receipt of the Respondent’s notice, the Clerk of Court’s Office
contacted ICE and officials at the Pike County Prison and was informed that Sall
was removed from the United States on October 11, 2017.
The case or controversy requirement of Article III, § 2 of the United States
Constitution subsists through all stages of federal judicial proceedings. Parties
must continue to have a “‘personal stake in the outcome’ of the lawsuit.” Lewis v.
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Continental Bank Corp., 494 U.S. 472, 477-78 (1990); Preiser v. Newkirk, 422
U.S. 395, 401 (1975). In other words, throughout the course of the action, the
aggrieved party must suffer or be threatened with actual injury caused by the
defendant. Lewis, 494 U.S. at 477.
The adjudicatory power of a federal court depends upon “the continuing
existence of a live and acute controversy.” Steffel v. Thompson, 415 U.S. 452, 459
(1974) (emphasis in original). “The rule in federal cases is that an actual
controversy must be extant at all stages of review, not merely at the time the
complaint is filed.” Id. at n.10 (citations omitted). “Past exposure to illegal
conduct is insufficient to sustain a present case or controversy ... if unaccompanied
by continuing, present adverse effects.” Rosenberg v. Meese, 622 F. Supp. 1451,
1462 (S.D.N.Y. 1985) (citing O’Shea v. Littleton, 414 U.S. 488, 495-96 (1974));
see also Gaeta v. Gerlinski, Civil No. 3:CV-02-465, slip op. at p. 2 (M.D. Pa. May
17, 2002) (Vanaskie, C.J.).
As relief, Sall sought his immediate release from ICE detention. See Doc. 1,
p. 10. Based upon the issuance of a travel document and the subsequent
representations by ICE and prison officials, Sall was removed from the United
Sates on October 11, 2017. See Doc. 9-1. Since Petitioner has been removed from
the United States, under the principles set forth in Steffel, his instant petition is
subject to dismissal as moot since it no longer presents an existing case or
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controversy.
An appropriate Order follows.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge
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