VAZQUEZ CRUZ v. GREEN, No. 2:2016cv03451 - Document 20 (D.N.J. 2017)
Court Description: OPINION. Signed by Judge John Michael Vazquez on 2/8/17. (sr, )
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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ : RICARDO VAZQUEZ CRUZ, : : Civil Action No. 16-3451 (JMV) Petitioner, : : v. : OPINION : CHARLES GREEN, : : Respondent. : ____________________________________: APPEARANCES: Victor M. Urbaez, Esq. 91 Passaic Street Garfield, NJ 07026 on behalf of Petitioner Hans H. Chen United States Justice Department, Civil Division Office of Immigration Litigation P.O. Box 868, Ben Franklin Station Washington, DC 20044 on behalf of Respondent VAZQUEZ, United States District Judge On June 14, 2016, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1), challenging his prolonged detention by U.S. Immigration and Customs Enforcement (“ICE”). On February 3, 2017, Respondent submitted a letter to the Court stating that Petitioner was removed from the United States on November 9, 2016, as established by Petitioner’s Form I-205. (ECF Nos. 18, 19.) Respondent contends the habeas petition is moot. (ECF No. 18 at 1.) 1 A habeas petition “generally becomes moot when [a petitioner] is released from custody” because there is no longer “an actual injury traceable to the defendant and likely to be redressed by a favorable judicial decision.” Vasquez v. Aviles, 639 F. App’x 898, 902 (3d Cir. 2016) (quoting DeFoy v. McCullough, 393 F.3d 439, 442 (3d Cir. 2005)). The present petition no longer presents a case or controversy under Article III, § 2 of the United States Constitution because Petitioner is no longer detained by ICE. See id. (finding petition moot where there were no collateral consequences that could be addressed by success on the petition after removal) (citing Abdala v. I.N.S., 488 F.3d 1061, 1064 (9th Cir. 2007)). Therefore, the petition is dismissed as moot. An appropriate Order follows. Date: February, 2017 At Newark, New Jersey s/ John Michael Vazquez JOHN MICHAEL VAZQUEZ United States District Judge 2
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