Summary
The court recommends granting the respondent’s motion to dismiss a 28 U.S.C. § 2241 habeas petition as moot. The petitioner, an immigration detainee, was removed to Sierra Leone while the case was pending and was therefore no longer in custody. The document also directs the clerk to assign a district judge and provides a 21-day deadline for objections.
Holdings
- A habeas petition challenging indefinite immigration detention is moot when the petitioner is no longer in custody and lacks a legally cognizable interest in the outcome.
Questions Presented
- Whether Koroma's § 2241 petition challenging his indefinite immigration detention became moot after he was removed from the United States.
Disposition
dismissed
Cases Cited (6)
- Iron Arrow Honor Soc'y v. Heckler, 464 U.S. 67, 70 (1983)(followed)
- NAACP., Western Region v. City of Richmond, 743 F.2d 1346, 1352 (9th Cir. 1984)(followed)
- Murphy v. Hunt, 455 U.S. 478, 481 (1982)(followed)
- North Carolina v. Rice, 404 U.S. 244, 246 (1971) (per curiam)(followed)
- Aetna Life Ins. Co. v. Hayworth, 300 U.S. 227, 240-241 (1937)(followed)
- Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…