Loththan Souphanthong v. Pamela J. Bondi

Summary

The United States District Court for the Western District of Oklahoma adopted a magistrate judge’s Report and Recommendation and dismissed Loththan Souphanthong’s 28 U.S.C. § 2241 habeas petition as moot. The dismissal followed the petitioner’s deportation to Laos and his resulting lack of custody by U.S. Immigration and Customs Enforcement.

Holdings

1. A party who fails to timely object to a Report and Recommendation after being advised of the objection procedure and consequences waives further review of the issues addressed in the recommendation.
2. The § 2241 petition was moot because Souphanthong had been deported and was no longer in the custody of U.S. Immigration and Customs Enforcement.

Questions Presented

1. Whether the petition became moot after Souphanthong was deported and was no longer in ICE custody.
2. Whether Souphanthong waived further review of the issues addressed in the Report and Recommendation by failing to file a timely objection.

Disposition

dismissed