Goga Djadju v. Juan A. Lopez Vega, et al., No. 20-13073 (11th Cir. 2022)
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Petitioner a native and citizen of North Macedonia, appealed the dismissal or, alternatively, the denial of his 28 U.S.C. Sec. 2241 habeas petition seeking release from an alleged “unlawful and indefinite” detention by Immigration and Customs Enforcement (“ICE”). Petitioner claimed that his detention by ICE officials violated the Due Process Clause of the Fifth Amendment, because it exceeded the “presumptively reasonable” 180-day period established in Zadvydas v. Davis, 533 U.S. 678 (2001). The district court denied Petitioner relief, concluding, among other things, that the delay in his removal did not violate Zadvydas because Petitioner had sought and obtained an administrative stay of his removal proceedings.
The Eleventh Circuit held that it lacked jurisdiction to consider the merits of Petitioner’s habeas petition seeking release and dismissed the case as moot. The court reasoned that it need not decide whether the voluntary cessation doctrine applies in the habeas immigration context because even if it did, it has not been satisfied. Further, the government has described Petitioner’s detention as having “ceased,” and, as of now, more than fifteen months have passed since Petitioner was released. Thus, the court found that there is no reasonable basis for it to believe that Peitioner will be re-detained unlawfully upon the termination of his suit.
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