Kurbatov Andrii v. Garret Ripa

Summary

The United States District Court for the Southern District of Florida dismissed Kurbatov Andrii’s 28 U.S.C. § 2241 petition and related request for injunctive relief as moot. The court concluded that Petitioner’s removal from the United States and release from Immigration and Customs Enforcement custody eliminated the requested relief and required dismissal for lack of an ongoing case or controversy.

Holdings

1. A § 2241 petition by an alien detainee seeking release from custody becomes moot, and the court loses subject-matter jurisdiction, when the petitioner is released from custody and the requested release has occurred.
2. No exception to the mootness doctrine applied because the record contained no reasonable basis to believe that Petitioner would soon be returned to ICE custody.

Questions Presented

1. Whether Petitioner's § 2241 petition seeking release from immigration detention became moot after he was released from custody through removal from the United States.
2. Whether any exception to the mootness doctrine preserved an Article III case or controversy after Petitioner's release.

Disposition

dismissed