CHERNYAK v. NIELSEN et al, No. 2:2018cv02081 - Document 7 (D.N.J. 2018)
Court Description: OPINION AND ORDER dismissing Petitioner's petition as moot. Signed by Judge John Michael Vazquez on 4/17/18. (sr, )
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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ : LEONID CHERNYAK, : : Petitioner, : : v. : : KIRSTJEN NIELSEN, et al., : : Respondent. : ____________________________________: Civil Action No. 18-2081 (JMV) OPINION AND ORDER APPEARANCES: LEONID CHERNYAK Hudson County Correctional Center 30-35 Hackensack Avenue Kearny, NJ 07032 Petitioner Pro Se CAROLINE A. SADLOWSKI, Esq. United States Attorney’s Office 970 Broad Street Suite 700 Newark, NJ 07102 On behalf of Respondent VAZQUEZ, United States District Judge On February 13, 2018, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1), challenging his detention since August 25, 2017, by the U.S. Immigration and Customs Enforcement (“ICE”). (ECF No. 1, ¶6.) This Court ordered Respondent to answer the petition. (ECF No. 4.) On April 16, 2018, Respondent submitted a Release Notification and an Order of Supervision indicating that Petitioner was released on March 1, 2018. (ECF No. 6-1, 6-2.) Respondent contends the habeas petition is moot. (ECF No. 6 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. IT IS, therefore, on this 17th day of April, 2018 ORDERED that Petitioner’s Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1) is DISMISSED as moot; and it is further ORDERED that the Clerk shall serve a copy of this Order on Petitioner at his last known address; and it is further ORDERED that the Clerk shall close this matter. s/ John Michael Vazquez JOHN MICHAEL VAZQUEZ United States District Judge 2
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