BEITA v. GREEN, No. 2:2017cv03961 - Document 5 (D.N.J. 2017)

Court Description: OPINION. Signed by Judge John Michael Vazquez on 7/20/17. (sr, )
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BEITA v. GREEN Doc. 5 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ : HANZEL BEITA BEITA, : : Civil Action No. 17-3961 (JMV) Petitioner, : : v. : OPINION : CHARLES GREEN, : : Respondent. : ____________________________________: APPEARANCES: HANZEL BEITA BEITA Essex County Correctional Center 354 Doremus Avenue Newark, NJ 07105 Petitioner, pro se BRYAN LONEGAN United States Attorney’s Office District of New Jersey 970 Broad Street, Suite 700 Newark, NJ 07102 On behalf of Respondent VAZQUEZ, United States District Judge On May 31, 2017, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1), challenging his prolonged detention since October 12, 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.) On July 18, 2017, Respondent submitted the Declaration of Deportation Officer Gerardo Ore, indicating that ICE removed Petitioner to Costa Rica on June 26, 2017. (ECF No. 4-1, ¶5.) Respondent contends the habeas petition is moot. Dockets.Justia.com (ECF No. 4.) 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: July 20, 2017 At Newark, New Jersey s/ John Michael Vazquez JOHN MICHAEL VAZQUEZ United States District Judge 2