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

Summary

The magistrate judge recommends dismissing Johny Ariel Batiz Ruiz’s 28 U.S.C. § 2241 petition as moot because he was removed to Honduras and is no longer in immigration detention. The recommendation explains that the petition no longer presents a live case or controversy under Article III. The parties were advised of their right to object within fourteen days.

Holdings

1. The petition seeking release from immigration detention is moot because Petitioner was no longer detained, leaving no live case or controversy under Article III; dismissal was therefore recommended.

Questions Presented

1. Whether the § 2241 petition seeking release from immigration detention remained a live case or controversy after Petitioner was deported and released from ICE custody.

Disposition

dismissed