Naidelyn Samantha Vicente Cifuentes v. Luis Soto, et al.

Summary

The United States District Court for the District of New Jersey dismissed without prejudice as moot a counseled 28 U.S.C. § 2241 habeas petition challenging the petitioner's pre-removal detention and the delay in review of a negative credible fear determination. The court held that the immigration judge's subsequent final order of removal converted the petitioner's custody to post-removal detention under 8 U.S.C. § 1231 and mooted the pre-removal detention claims.

Holdings

1. The entry of the final order of removal converted Petitioner's custody from pre-removal detention to post-removal detention under 8 U.S.C. § 1231, rendering moot any request for habeas relief concerning pre-removal detention.
2. The district court lacks jurisdiction to review the validity of a final order of removal; judicial review must be pursued through a petition for review in the appropriate court of appeals.

Questions Presented

1. Whether entry of a final expedited removal order mooted Petitioner's claims challenging pre-removal detention and the allegedly untimely review of her negative credible-fear determination.
2. Whether the district court could review or rescind the validity of the final order of removal.

Disposition

dismissed