SHEBA v. GREEN, No. 2:2017cv00676 - Document 7 (D.N.J. 2017)
Court Description: OPINION. Signed by Judge John Michael Vazquez on 5/10/17. (DD, ) N/M
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SHEBA v. GREEN Doc. 7 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ : ADEBOWALE SHEBA, : : Civil Action No. 17-676 (JMV) Petitioner, : : v. : OPINION : CHARLES GREEN, : : Respondent. : ____________________________________: APPEARANCES: ADEBOWALE SHEBA Essex County Correctional Facility 354 Doremus Ave. Newark, NJ 07105 Petitioner, pro se MARK CHRISTOPHER ORLOWSKI Office of the U.S. Attorney District of New Jersey 970 Broad Street, Suite 700 Newark, NJ 07101 On behalf of Respondent VAZQUEZ, United States District Judge On January 31, 2017, Petitioner Adebowale Sheba filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1), challenging his prolonged detention since August 15, 2016, by U.S. Immigration and Customs Enforcement (“ICE”). (ECF No. 1 at 2.) This Court ordered Respondent to answer the petition. (ECF No. 2.) Respondent submitted a Release Notification dated May 8, 2017, showing that ICE approved Petitioner’s release from custody pending removal. (ECF No. 6-1.) A search of ICE’s detainee locator database indicates that Dockets.Justia.com Petitioner is no longer in custody. 1 Respondent contends the habeas petition is moot. (Id.) 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: May 10, 2017 At Newark, New Jersey s/ John Michael Vazquez JOHN MICHAEL VAZQUEZ United States District Judge 1 U.S. Immigration and Customs Enforcement Online Detainee Locator, available at https://locator.ice.gov/odls/searchByAlienNumber.do 2
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