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Jurisdiction: California Central District Court
Decision Date: 11/16/2016



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Farah v. Johnson Farah v. Johnson (C.D. Cal., 2016)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        IBRAHIM FARAH, Petitioner,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        JEH JOHNSON, Secretary of Department of Homeland Security, et al Respondent.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        No. CV 16-5701-CAS (AGR)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        November 16, 2016

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        OPINION AND ORDER ON PETITION FOR WRIT OF HABEAS CORPUS (28 U.S.C. § 2241)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        On August 1, 2016, Petitioner filed a Petition for Writ of Habeas Corpus. Petitioner argued that his continued detention by Immigration and Customs Enforcement violated Zadvydas v. Davis 533 U.S. 678 (2001). Petitioner sought release under reasonable conditions of supervision.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        On November 9, 2016, Respondent filed a response and notified the court that Petitioner was released from immigration custody on an order of supervision. (See Release Notification, Dkt. No. 12-1. ) Respondent argued that the Petition should be dismissed as moot because there is no further relief that this Court can provide. Petitioner concurs in Respondent's suggestion of mootness. (Dkt. No. 13. )

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        The Court agrees that the Petition is moot. A habeas petition is moot when the petitioner "seeks relief that cannot be redressed by a favorable decision of the court

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Page 2

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        issuing a writ of habeas corpus. " Burnett v. Lampert 432 F.3d 996, 1000-01 (9th Cir. 2005). "Deportation from the United States after filing a habeas petition does not necessarily moot a petitioner's claim. " Abdala v. Immigration and Naturalization Service 488 F.3d 1061, 1063 (9th Cir. 2007). "For a habeas petition to continue to present a live controversy after the petitioner's release or deportation, . . . there must be some remaining 'collateral consequence' that may be redressed by success on the petition. " Id. at 1064. "Where the grounds for habeas relief will not redress collateral consequences, a habeas petition does not continue to present a live controversy once the petitioner is released from custody. " Id.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Given that Petitioner has been released from custody under an order of supervision, the Petition is moot because there is no further relief the Court can provide. Picrin-Peron v. Rison 930 F.2d 773, 776 (9th Cir. 1991) ("By his petition for habeas corpus, Picrin-Peron has requested only release from custody. Because he has been released, there is no further relief we can provide. "); see also McNutt v. Chelan County 2008 WL 4148604, *1 n. 1 (E. D. Wash. 2008) ("Habeas petitions brought under § 2241 are subject to summary dismissal pursuant to Rules 1(b) and 4 of the Rules Governing Section 2254 Cases. ").

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        IT IS HEREBY ORDERED that the Petition is DENIED as moot. All pending motions are DENIED as moot.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DATED: November 16, 2016

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CHRISTINA A. SNYDER
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        United States District Judge

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