Free Order - District Court of California - California


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Date: August 5, 2008
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State: California
Category: District Court of California
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Case 3:08-cv-00645-WQH-LSP

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Filed 08/05/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

MARTINEZ-CARBAJAL , Petitioner, vs. MICHAEL CHERTOFF, et al., Respondents. HAYES, Judge:

CASE NO. 08cv645 WQH (LSP) ORDER

On April 9, 2008, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. (Doc. # 1). The Petition alleges that Petitioner was taken into custody on September 4, 2007, and that "ICE conducted a Post-Order Custody review and decided on November 30, 2007, to continue detention, claiming petitioner was a danger to the community." Petition, p. 3. The Petition alleges that Petitioner's "current detention is in excess of the period deemed presumptively reasonable for removal" articulated in Zadvydas v. Davis, 533 U.S. 678 (2001). On April 17, 2008, this Court issued an order to show cause requiring Respondents to show cause why the Petition should not be granted by filing a return. The order to show cause permitted Petitioner to reply to the return by filing a traverse. (Doc. # 6). On May 19, 2008, Respondents filed a return. (Doc. # 8). On July 28, 2008, Respondents filed a notice that Petitioner has been removed. (Doc. # 18). Respondents state that Petitioner was removed to Cuba on July 17, 2008. Respondents submitted a copy of a printout from the U.S. Department of Homeland Security's database, documenting Petitioner's
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08cv645 WQH (LSP)

Case 3:08-cv-00645-WQH-LSP

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removal. Notice of Removal, Exhibit 1. As Petitioner has been removed to Cuba, the Court concludes that the Petition for Writ of Habeas Corpus pursuant to § 2241 is moot. Accordingly, the Petition for Writ of Habeas Corpus (Doc. # 1) is hereby DENIED as moot.
DATED: August 5, 2008 WILLIAM Q. HAYES United States District Judge

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