Farah Ibrahim v. Jeh C. Johnson et al, No. 2:2016cv05701 - Document 15 (C.D. Cal. 2016)

Court Description: OPINION AND ORDER ON PETITION FOR WRIT OF HABEAS CORPUS (28 U.S.C. § 2241) by Judge Christina A. Snyder. On August 1, 2016, Petitioner filed a Petition for Writ of Habeas Corpus. Petitioner argued that his continued detention by Immigration and Customs Enforcement violated Zadvydas v. Davis, 533 U.S. 678 (2001). Petitioner sought release under reasonable conditions of supervision.On November 9, 2016, Respondent filed a response and notified the court thatPetitioner was released from immigration custody on an order of supervision. IT IS HEREBY ORDERED that the Petition is DENIED as moot. All pending motions are DENIED as moot. (See Order for details.) (mp)

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Farah Ibrahim v. Jeh C. Johnson et al Doc. 15 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 IBRAHIM FARAH, ) ) ) Petitioner, ) v. ) ) ) JEH JOHNSON, Secretary of Department of Homeland Security, et ) ) al., ) ) Respondent. ) No. CV 16-5701-CAS (AGR) OPINION AND ORDER ON PETITION FOR WRIT OF HABEAS CORPUS (28 U.S.C. § 2241) On August 1, 2016, Petitioner filed a Petition for Writ of Habeas Corpus. 19 Petitioner argued that his continued detention by Immigration and Customs 20 Enforcement violated Zadvydas v. Davis, 533 U.S. 678 (2001). Petitioner sought 21 release under reasonable conditions of supervision. 22 On November 9, 2016, Respondent filed a response and notified the court that 23 Petitioner was released from immigration custody on an order of supervision. (See 24 Release Notification, Dkt. No. 12-1.) Respondent argued that the Petition should be 25 dismissed as moot because there is no further relief that this Court can provide. 26 Petitioner concurs in Respondent’s suggestion of mootness. (Dkt. No. 13.) 27 The Court agrees that the Petition is moot. A habeas petition is moot when the 28 petitioner “seeks relief [that] cannot be redressed by a favorable decision of the court Dockets.Justia.com 1 issuing a writ of habeas corpus.” Burnett v. Lampert, 432 F.3d 996, 1000-01 (9th Cir. 2 2005). “Deportation from the United States after filing a habeas petition does not 3 necessarily moot a petitioner’s claim.” Abdala v. Immigration and Naturalization 4 Service, 488 F.3d 1061, 1063 (9th Cir. 2007). “For a habeas petition to continue to 5 present a live controversy after the petitioner’s release or deportation, . . . there must be 6 some remaining ‘collateral consequence’ that may be redressed by success on the 7 petition.” Id. at 1064. “[W]here the grounds for habeas relief will not redress collateral 8 consequences, a habeas petition does not continue to present a live controversy once 9 the petitioner is released from custody.” Id. 10 Given that Petitioner has been released from custody under an order of 11 supervision, the Petition is moot because there is no further relief the Court can provide. 12 Picrin-Peron v. Rison, 930 F.2d 773, 776 (9th Cir. 1991) (“By his petition for habeas 13 corpus, Picrin-Peron has requested only release from custody. Because he has been 14 released, there is no further relief we can provide.”); see also McNutt v. Chelan County, 15 2008 WL 4148604, *1 n.1 (E.D. Wash. 2008) (“Habeas petition[s] brought under § 2241 16 are subject to summary dismissal pursuant to Rules 1(b) and 4 of the Rules Governing 17 Section 2254 Cases.”). 18 19 IT IS HEREBY ORDERED that the Petition is DENIED as moot. All pending motions are DENIED as moot. 20 21 22 DATED: November 16, 2016 CHRISTINA A. SNYDER United States District Judge 23 24 25 26 27 28 2

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