United States District Court, D. Arizona
REPORT & RECOMMENDATION ON PETITION FOR WRIT OF
F. Metcalf, United States Magistrate Judge.
MATTER UNDER CONSIDERATION
incarcerated at the time in the Federal Detention Center,
Eloy, Arizona, filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241on March 8, 2007 (#1)
challenging his continued detention pending removal to
Jordan. On May 22, 2007, Respondent filed his Suggestion of
Mootness (#7). The Petitioner's Petition is now ripe for
consideration. Accordingly, the undersigned makes the
following proposed findings of fact, report, and
recommendation pursuant to Rule 8(b), Rules Governing Section
2254 Cases, Rule 72(b), Federal Rules of Civil Procedure, 28
U.S.C. § 636(b) and Rule 72.2(a)(2), Local Rules of
RELEVANT FACTUAL & PROCEDURAL BACKGROUND
FACTUAL AND PROCEDURAL BACKGROUND
9, 2016, Petitioner filed a Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1). On June
20, 2016, Petitioner filed a First Amended Petition (Doc. 3),
challenging his detention in the Detention Center in Eloy,
Arizona, while awaiting removal to Ghana. Petitioner's
Petition alleges that he was ordered removed on December 9,
2016, and has been detained more than 180 days. He alleges he
has sought to facilitate his removal, but has remained in
detention. (Amend. Petition Doc. 3 at 4.)
Court's Notice of Assignment, issued June 9, 2016 (Doc.
2) warned Petitioner that his case could be dismissed if he
did not file a notice of change of address if his address
changed. The Court's Service Order entered September 8,
2016 (Doc. 8) warned Petitioner that failure to file to a
Notice of Change of Address immediately upon any such change
“may result in the dismissal of this action.”
(Id. at 2.) Neither of these documents was returned
September 19, 2016, mail from the Court to Petitioner was
returned undeliverable, indicating Petitioner had been
released from custody. (Doc. 15.) On September 20, 2016,
Respondents filed a Notice of Deportation and Suggestion of
Mootness (Doc. 12), with documents reflecting
Petitioner's deportation to Ghana on or about September
13, 2016. Petitioner has not filed a notice of change of
address, and the Court has no other addresses for Petitioner
known to it.
September 22, 2016, the Court issued an Order (Doc. 16)
giving Petitioner fourteen days to either: (1) file a notice
of change of address; or (2) show cause why his Petition
should not be dismissed for failure to prosecute in light of
his failure to file a Notice of Change of Address as
previously ordered. That Order further gave Petitioner
fourteen days to show cause why his Petition should not be
dismissed as moot in light of his apparent release from
custody. Copies of that order were mailed to Petitioner at
his address of record but have been returned undeliverable
(Doc. 17). Petitioner has not responded.
APPLICATION OF LAW TO FACTS
MOOTNESS OF HABEAS PETITION
III of the Constitution limits federal ‘Judicial Power,
' that is, federal- court jurisdiction, to
‘Cases' and ‘Controversies.'”
U.S. Parole Commission v. Geraghty, 445 U.S. 388,
395, 100 S.Ct. 1202, 1208 (1980). This limitation restricts
the jurisdiction of the federal courts to cases where there
is a possible judicial resolution. Id. A moot action
is not subject to a judicial resolution.
action is one in which the parties lack a legally cognizable
interest in the outcome. The test for mootness is whether the
court can give a party any effective relief in the event that
it decides the matter on the merits in their favor.
“That is, whether the court can ‘undo' the
effects of the alleged wrongdoing.” Reimers v.
Oregon, 863 F.2d 630, 632 (9th Cir. 1989).
habeas petition may be rendered moot following a subsequent
release from custody, absent other, collateral consequences
that flow from the complained of imprisonment. Lane v.
Williams, 455 U.S. 624 (1982). While the existence of
such collateral consequences is irrebuttably presumed in some
habeas challenges to criminal convictions, see e.g.,
Sibron v. New York, 392 U.S. 40 (1968); Chacon v.