Chagala v. Beth

Filing 17

ORDER DISMISSING CASE signed by Judge Rudolph T. Randa on 9/22/2015. Case DISMISSED as moot. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

ADRIAN ABRAJAN CHAGALA,
Petitioner,
-vs-

Case No. 15-C-531

DAVID G. BETH,
Warden of the Kenosha County Detention Center,
Respondent.

DECISION AND ORDER
The Respondent, David G. Beth (“Beth”), appeared in this action
filed by Petitioner Adrian Abrajan Chagala (“Abrajan Chagala”) pursuant
to 28 U.S.C. § 2241, relying on Zadvydas v. Davis, 533 U.S. 678, 701 (2001).
Beth seeks dismissal of the action for failure to state a claim upon which
relief can be granted, contending that Abrajan Chagala was being
mandatorily detained under 8 U.S.C. § 1226(c) and does not challenge his
custody under that statutory provision. Beth also asserts that the petition
was filed prematurely because at the time Abrajan Chagala filed his § 2241
application, his removal order had not yet become final.
In a September 16, 2015, status report, court-appointed counsel for
Abrajan Chagala notified the Court that the day he was appointed as
counsel he learned that Abrajan Chagala had been transferred to a

detention facility in New Mexico and was hours from being returned to
Mexico. Therefore, he has never spoken to Abrajan Chagala. However,
based upon counsel’s review of the Immigration Docket, Abrajan Chagala
was not under a final order of deportation so Zadvydas did not apply and
would not apply until January 2016 at the earliest. He further indicates
that, because the government effectuated Abrajan Chagala’s voluntary
departure or removed him from the country, the issue is now moot. Based
on the foregoing, this action is dismissed as moot.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
This action is DISMISSED; and
The Clerk of Court is DIRECTED TO ENTER JUDGMENT
accordingly.
Dated at Milwaukee, Wisconsin, this 22nd day of September, 2015.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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