Summary
The United States District Court for the Western District of Oklahoma declines to adopt the magistrate judge’s recommendation that Kiet Nguyen be released from ICE detention. Because Nguyen was removed to Vietnam and did not challenge mootness, the court denies the habeas petition as moot and dismisses the case without prejudice.
Holdings
- Because Petitioner was no longer in ICE custody, the requested relief was unavailable and could not be redressed by a decision of the court; the habeas petition was therefore moot.
- No exception to the mootness doctrine applied because Petitioner made no showing of surviving secondary or collateral consequences or another basis for continued jurisdiction.
Questions Presented
- Whether Nguyen's habeas petition challenging his ICE detention became moot after he was removed from the United States and was no longer in ICE custody.
- Whether any exception to the mootness doctrine preserved a live controversy despite Nguyen's removal.
Disposition
dismissed
Cases Cited (8)
- McClendon v. City of Albuquerque, 100 F.3d 863, 867 (10th Cir. 1996)(followed)
- Alvarez v. Smith, 558 U.S. 87 (2009)(followed)
- Spencer v. Kemna, 523 U.S. 1, 7 (1998)(followed)
- Lewis v. Continental Bank Corp., 494 U.S. 472, 477-78 (1990)(followed)
- Riley v. I.N.S., 310 F.3d 1253, 1256-57 (10th Cir. 2002)(followed)
- Sule v. I.N.S., 189 F.3d 478, at *1 (10th Cir. 1999) (unpublished table decision)(followed)
- United States v. Quezada-Enriquez, 567 F.3d 1228, 1231 (10th Cir. 2009)(followed)
- Ferry v. Gonzales, 457 F.3d 1117, 1132 (10th Cir. 2006)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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