Tiede v. Crawford et al, No. 3:2019cv00589 - Document 25 (E.D. Va. 2021)
Court Description: MEMORANDUM OPINION. See Opinion for details. It is so ORDERED. Signed by Senior United Staes District Judge Robert E. Payne on 3/29/2021. Memorandum Opinion was mailed to the plaintiff. (sbea,)
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Tiede v. Crawford et al Doc. 25 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RicJ:unond Division RAYMOND TIEDE, Petitioner, v. Civil Action No. 3:19CV589 JEFFREY CRAWFORD, et al., Respondents. MEMORANDUM OPINION Raymond Tiede, an alien detainee proceeding prose, submitted this petition pursuant to 28 U.S.C. § 2241 {"§ 2241 Petition," ECF No. In his 1) . § 2241 Petition, Tiede seeks release from the custody of the United States Immigration and Customs Enforcement {"ICE"), asserting that his continued detention is unlawful under Zadvydas v. Davis, 533 U.S. 678 {2001), as it is unlikely that he will be removed in the foreseeable future "because the embassy of France has not and will not provide travel documentation." Pet. 7 {capitalization corrected) . ) {§ 2241 For the reasons set forth below, the action will be dismissed as moot. "A habeas corpus petition is moot when it no longer presents a case or controversy under Article III, § 2, of the Constitution." Aragon v. Shanks, 144 F.3d 690, Spencer v. Kemna, 523 U.S. 1, 7 691 {10th Cir. (1998)). 1998) {citing No case or controversy exists unless the petitioner has suffered an actual injury that can "be redressed by a favorable judicial decision." Spencer, 523 Dockets.Justia.com U.S. at 7 {quoting Lewis v. Cont'l Bank Corp., 494 U.S. 472, 477 (1990)). On February 19, 2021, Respondents filed a NOTICE OF SUGGESTION {ECF No . OF MOOTNESS. 22 . ) Respondents note that Tiede has obtained the relief he sought in his§ 2241 Petition because, on February 16, 2021, he was released from the custody of ICE pursuant (Id. at 1.) to an Order of Supervision. "Where, as here, a petitioner does not challenge the legality of his removal order but rather only seek [s] release from ICE custody pending his removal, courts have held that the petitioner's deportation or release from custody moots the petition." Diawara v. Sec'y of DHS, No. AW-09-2512, (D. Md. Oct. 25, 2010) 2010 WL 4225562, at *2 (citations omitted); see Sayyah v. Farquharson, 382 F.3d 20, 22 n.1 (1st Cir. 2004) (noting that alien's release mooted alien's continued habeas challenge to detention); Ishola v. Mukasey, No. PJM-08-1363, 2008 WL 7697071, at *1 (D. Md. Aug. 12, 2008) (finding that petitioner's § 2241 petition challenging continued detention pending removal was moot because petitioner had been released from ICE supervision), aff'd sub nom. (4th Cir. 2709682, custody Ishola v. Holder, 2009); Al-Salahi v. at *2 (E. D. pursuant Loiselle, Va. ·Sept. 19, No. 2006) to an order of 326 F. App'x 254 2:06CV102, {concluding 2006 WL same) . Because Tiede is no longer in ICE custody, his§ 2241 Petition no longer presents a case or controversy that this Court can address. 2 See Spencer, 523 U.S. at 7 {quoting Lewis, 494 Accordingly, the action will be dismissed as moot. U.S. at 477). The outstanding motions {ECF Nos. 15, 16) will be dismissed as moot. The Clerk is directed to send a copy of Memorandum Opinion to Tiede and counsel of record. It is so ordered. /s/ /Uf Robert E. Payne Senior United States District Judge Richmond, Virginia Date: March .2:::!f..-, 2021 3
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