Sergio Ortiz-Ledezma v. Holder et al
Filing
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ORDER GRANTING 15 Motion to Dismiss Petition for Writ of Habeas Corpus as Moot, signed by Magistrate Judge Michael J. Seng on 6/3/2011. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SERGIO ORTIZ-LEDEZMA,
Petitioner,
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v.
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ERIC H. HOLDER, Attorney General,
et al.,
Respondents.
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1:10-cv-01908 MJS HC
ORDER GRANTING MOTION TO
DISMISS PETITION FOR WRIT OF
HABEAS CORPUS AS MOOT
[Doc. 15]
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Petitioner filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. §
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2241 on October 13, 2010. Petitioner asserts his detention by the Bureau of Immigration and
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Customs Enforcement (“ICE”) violates United States statutes and his constitutional right to due
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process of law. Both parties have consented to Magistrate Judge jurisdiction under 28 U.S.C.
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§ 636(c).
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I.
BACKGROUND
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Petitioner is a native of Mexico. Petitioner was taken into custody and placed in removal
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proceedings in April of 2010. In the habeas petition filed October 13, 2010, Petitioner asserts
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only that his continued detention violated the doctrine stated by the United States Supreme
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Court in Zadvydas v. Davis, 533 U.S. 678 (2001).
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II.
ANALYSIS
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Respondent presents evidence to the Court that Petitioner was removed from the
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United States to Mexico on January 4, 2011. Because the petition for habeas relief attacks
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only the legitimacy of Petitioner's continued detention, the petition is now moot. The
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case-or-controversy requirement of Article III, § 2, of the United States Constitution "subsists
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through all stages of federal judicial proceedings ... The parties must continue to have a
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personal stake in the outcome of the lawsuit." Lewis v. Continental Bank Corp., 494 U.S. 472,
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477-78, 110 S. Ct. 1249, 1253-54, 108 L. Ed. 2d 400 (1990) (internal quotations omitted). If
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it appears that the Court is without the power to grant the relief requested by a habeas
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petitioner, then that case is moot. See Picrin-Peron v. Rison, 930 F.2d 773, 775 (9th Cir.
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1991).
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The relief that Petitioner requested in his habeas petition, i.e., his release from
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continued and potentially indefinite detention, can no longer be granted by the Court.
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Therefore, this habeas action, alleging his continued detention violates federal law and his
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constitutional rights, is moot. See Abdala v. I.N.S., 488 F.3d 1061, 1064 (9th Cir. 2007)
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(holding that "there must be some remaining 'collateral consequence' that may be redressed
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by success on the petition" in order to continue to seek habeas corpus relief); Picrin-Peron,
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930 F.2d at 775.
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The United States Supreme Court has held that speculation and conjecture of future
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improper conduct is insufficient to defeat mootness, and that the "the injury or threat of injury
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must be both real and immediate, not conjectural or hypothetical." City of L.A. v. Lyons, 461
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U.S. 95, 101-02, 108-09, 103 S. Ct. 1660, 1664-65, 75 L. Ed. 2d 675 (1983) (internal
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quotations omitted). As Petitioner is no longer detained, his habeas petition alleging that his
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detention was unauthorized and unconstitutional is now moot. See Kaur v. Holder, 561 F.3d
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957, 959 (9th Cir. 2009); Abdala, 488 F.3d at 1064-65.
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III.
CONCLUSION
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The Petition for Writ of Habeas Corpus is moot because the petition challenges only
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the legitimacy of Petitioner's continued detention. Petitioner is no longer detained as he has
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been removed from the United States. There is no existing case or controversy over which this
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Court may exercise jurisdiction. Accordingly the case is moot and must be dismissed.
ORDER
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Accordingly, IT IS HEREBY ORDERED that:
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1. The Petition for Writ of Habeas Corpus is DISMISSED with prejudice; and
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2. The Clerk of Court is DIRECTED to enter judgment.
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IT IS SO ORDERED.
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Dated:
92b0h
June 3, 2011
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
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