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Traore v. U.S. Attorney General

United States District Court, S.D. Ohio, Eastern Division

October 27, 2017

CHEICKNE TRAORE, Petitioner,
v.
U.S. ATTORNEY GENERAL, et al., Respondents.

          Edmund A. Sargus, Jr. Chief Judge

          REPORT AND RECOMMENDATION

          KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE

         This case is before the Court to consider Respondent's Motion to Dismiss for Lack of Jurisdiction. (Doc. 8). For the reasons that follow, the Court RECOMMENDS that the Motion be GRANTED, and that this action be DISMISSED.

         I. BACKGROUND

         On October 2, 2017, Petitioner, a native and citizen of Mali, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, explaining that he had been in the custody of U.S. Immigration and Customs Enforcement (“ICE”) at the Morrow County Jail since March 23, 2017, when he was released from prison after serving two years. (Doc. 1 at 1-2, 5). Petitioner indicated that he was willing to return to Mali, but objected to his deportation to any other country. (Id. at 8). Petitioner argued that the length of his detention pending removal contravened 8 U.S.C. § 1231(a)(6) (Count I), and was in violation of his substantive and procedural due process rights (Counts II and III). (Id. at 9-10 (citing Zadvydas v. Davis, 533 U.S. 678 (2001)). Thus, Petitioner requested that this Court grant him a writ of habeas corpus directing Respondents to immediately release him from custody. (Id. at 11).

         This Court ordered Respondents to show cause why the writ should not be granted (Doc. 5). The Clerk sent a copy of this Court's Order to Petitioner at the Morrow County Jail, but it was returned as undeliverable on October 23, 2017. (See Docs. 6, 7).

         On October 26, 2017, Respondents filed a Motion to Dismiss for Lack of Jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure. (Doc. 8). Attached to Respondents' Motion is a declaration from ICE Deportation Officer Amanda Glassburn, indicating that Petitioner was removed from United States to Mali on October 3, 2017. (Doc. 8-1 at ¶ 5).

         II. DISCUSSION

         It is well established that federal courts may adjudicate only live cases or controversies. Hall v. Beals, 396 U.S. 45, 48 (1969). Consequently, federal courts lack jurisdiction to consider a case when it has “lost its character as a present, live controversy and thereby becomes moot.” Demis v. Sniezek, 558 F.3d 508, 512 (6th Cir. 2009) (internal quotation and citation omitted). “Simply stated, a case is moot when the issues presented are no longer ‘live' or the parties lack a legally cognizable interest in the outcome.” Id. (quoting Int'l Union v. Dana Corp., 697 F.2d 718, 720-21 (6th Cir. 1983)).

         “Several courts have determined that where an alien is released from ICE custody pending removal from the United States, his petition for relief under Zavydas is moot.” Patel v. Streiff, No. 06-00584, 2008 WL 748396, *2 (S.D. Ala. Mar. 18, 2008) (internal quotations and citation omitted); see also Dubois v. Hendricks, No. 14-3861, 2014 WL 4105482, at *2 (D.N.J. Aug. 18, 2014) (finding petition moot because there was no longer a live case or controversy); Emeni v. Holder, No. 6:13-cv-6404, 2014 WL 347799, at *3 (W.D.N.Y. Jan. 31, 2014) (same); Rojas v. Lowe, No. 1:cv-13-871, 2013 WL 5876851, at *3 (M.D. Pa. Oct. 30, 2013) (same).

         Based on the foregoing, the Court finds that the petition no longer reflects a present, live controversy, and it is, therefore, MOOT. Consequently, the Court RECOMMENDS that Respondents' Motion to Dismiss (Doc. 8) be GRANTED, and that this case be DISMISSED.

         III. CONCLUSION

         Based on the foregoing, the Court RECOMMENDS that the Motion to Dismiss be GRANTED (Doc. 8), and that this action be DISMISSED as MOOT.

         IV. ...


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