VASQUEZ v. GREEN, No. 2:2016cv08343 - Document 6 (D.N.J. 2017)
Court Description: OPINION. Signed by Judge John Michael Vazquez on 2/7/2017. (ld, )
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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ : PABLO HUGO LOPEZ VASQUEZ, : : Civil Action No. 16-8343 (JMV) Petitioner, : : v. : OPINION : CHARLES GREEN, : : Respondent. : ____________________________________: APPEARANCES: Pablo Hugo Lopez Vasquez Essex County Correctional Facility 354 Doremus Avenue Newark, NJ 07105 acting Pro Se Jordan Milowe Anger Office of the U.S. Attorney 970 Broad Street, 7th Floor Newark, NJ 07102 on behalf of Respondent VAZQUEZ, United States District Judge On November 7, 2016, Petitioner, acting pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1), challenging his prolonged detention by U.S. Immigration and Customs Enforcement (“ICE”). The Court ordered Respondent to answer the petition. (ECF No. 2.) On December 8, 2016, Respondent informed the Court that Petitioner had been removed from the United States. (ECF No. 3.) On January 19, 2017, Respondent filed the Declaration of Jordan M. Anger with Petitioner’s Form I-205, which indicates that Petitioner was 1 removed from the United States on November 30, 2016. (ECF No. 5 at 4.) Respondent contends the habeas petition is moot. (Id. at 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 7, 2017 At Newark, New Jersey s/ John Michael Vazquez JOHN MICHAEL VAZQUEZ United States District Judge 2
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