Johny Ariel Batiz Ruiz v. Melissa Harper, ICE Area Field Director, et al.

Summary

The United States District Court for the Southern District of Mississippi adopted a magistrate judge’s Report and Recommendation in a 28 U.S.C. § 2241 habeas action challenging the duration of an immigration detention. Because the petitioner had been removed from the United States, the court concluded that the petition was moot and dismissed it without prejudice.

Holdings

1. A § 2241 challenge to the duration of detention pending removal becomes moot when the petitioner has been removed from the United States.
2. When no party objects to a magistrate judge's report and recommendation, the district court need not conduct de novo review and instead reviews for clear error, abuse of discretion, and contrariness to law.

Questions Presented

1. Whether the petitioner's challenge to the duration of detention during removal proceedings became moot after his removal from the United States.
2. What standard of review applies when no party objects to a magistrate judge's report and recommendation.

Disposition

dismissed