United States District Court, D. Minnesota
Abdullahi Mohamed Ali, Pro Se, for Petitioner.
Gregory G. Brooker, Assistant United States Attorney, for Respondents.
REPORT AND RECOMMENDATION
FRANKLIN L. NOEL, Magistrate Judge.
THIS MATTER came before the undersigned United States Magistrate Judge on Petitioner Abdullahi Mohamed Ali's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1). This matter was referred to the undersigned for Report and Recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.1. For the reasons set forth below, this Court recommends that the Petition be DENIED as moot and that this action be dismissed.
Ali is a Somali citizen who first entered the United States on September 18, 2000 as a refugee. Kline Decl., ECF No. 6 ¶ 2. Ali served a criminal sentence of one year and one day for third degree assault at the Minnesota Correctional Facility in St. Cloud, Minnesota. Id. at ¶ 3. On July 18, 2012, after Ali completed his sentence, United States Immigration and Customs Enforcement (ICE) officials took Ali into custody and immediately commenced removal proceedings. Id. On August 9, 2012, an Immigration Judge ordered that Ali be removed from the United States to Somalia pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii). Id. ¶ 4. Ali did not appeal the decision, and ICE issued a Warrant of Removal/Deportation on August 17, 2012. Id. ¶ 4-5.
ICE maintained custody of Ali pending his removal to Somalia. ICE first reviewed Ali's detention on November 7, 2012 and determined that ongoing custody was appropriate as Ali posed a threat to the community and was a potential flight risk. Id. ¶ 6. In accordance with 8 C.F.R. § 241.4, ICE continued to periodically review Ali's detention status. Id. ¶¶ 7-8. On both February 7, 2013 and May 8, 2013, ICE concluded that Ali should remain in custody based on the likelihood of removal occurring in the reasonably foreseeable future. Id.
Ali filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 on April 15, 2013, arguing that he was detained by ICE in violation of his rights under federal law and the Constitution. Pet., ECF No. 1 at 4-7. Specifically, Ali claimed that his detention, which had spanned a period of over 8 months, was unconstitutional under the principles set forth in Zadvydas v. Davis, 533 U.S. 678 (2001). Id.
On November 14, 2013, ICE informed the Court that Ali was released from custody in October 2013. Halverson Decl., ECF No. 10 ¶ 4. Ali's release was subject to an Order of Supervision, which specified various conditions of release. See ECF No. 10-2 at 1-3 (listing Ali's conditions of release).
Article III of the Constitution grants federal courts jurisdiction over ongoing cases and controversies. Ali v. Cangemi, 419 F.3d 722, 723 (8th Cir. 2005) (quoting Haden v. Pelofsky, 212 F.3d 466, 469 (8th Cir. 2000)). An actual controversy must exist at all stages of review, not merely at the time a complaint is filed. Potter v. Norwest Mortgage, Inc., 329 F.3d 608, 611 (8th Cir. 2003) (internal quotations and citations omitted). "When, during the course of litigation, the issues presented in a case lose their life because of the passage of time or a change in circumstances... and a federal court can no longer grant effective relief, the case is considered moot." Ali, 419 F.3d at 723-24 (internal citations omitted).
Generally, in a habeas case, a petitioner's release from custody does not automatically render a habeas petition moot. Sayonkon v. Beniecke, No. 12-cv-27 MJD/JJK, 2012 WL 1621149, at *2 (D. Minn. Apr. 17, 2012) (citing Spencer v. Kemna, 523 U.S. 1, 7 (1998)). Whether a petition is moot subsequent to a prisoner's release rests on the potential application of exceptions to the mootness doctrine. Id. The Court should not dismiss a petition as moot if any of the following exceptions apply: "(1) secondary or collateral' injuries survive after resolution of the primary injury; (2) the issue is deemed a wrong capable of repetition yet evading review; (3) the defendant voluntarily ceases an allegedly illegal practice but is free to resume it at any time; or (4) it is a properly certified class action suit." Riley v. I.N.S., 310 F.3d 1253, 1257 (10th Cir. 2002) (quoting Chong v. District Dir., INS, 264 F.3d 378, 384 (3d Cir. 2001)). As none of the mootness doctrine exceptions apply to the instant action, the Petition should be denied as moot.
First, no collateral consequences pertain to Ali's supervised release. Collateral consequences exist when a continuing injury remains "other than the now-ended incarceration or parole." Sayonkon, 2012 WL 1621149, at *2 (quoting Spencer, 523 U.S. at 7). Ali could potentially argue that the conditions specified in his Order of Supervision are collateral consequences different and apart from his former detention. See id. (suggesting that a petitioner may contend that imposed conditions of release are collateral consequences under the mootness doctrine). Yet this argument is misplaced as "the collateral-consequences exception does not apply where such conditions follow from the final order of removal and not from the allegedly prolonged detention itself." Id. (internal citations omitted). Furthermore, conditions placed on individuals awaiting removal "satisfy due process because they are rationally related to the legitimate government interests of reducing the number of absconding aliens' and accounting for and being able to produce any alien who becomes removable.'" Id. (internal citations omitted).
Second, Ali's detention does not meet the narrow mootness exception of being capable of repetition yet evading review. See Randolph v. Rodgers, 170 F.3d 850, 856 n.7 (8th Cir. 1999) (identifying this mootness doctrine exception as "extraordinary and narrow"). This exception applies when "there is a reasonable expectation the complaining party will be subject to the same action again." Id. (citing Hickman v. Missouri, 144 F.3d 1141, 1143 (8th Cir. 1998)). No evidence before this Court suggests that Ali will again be detained by ICE for a lengthy duration. According to the ...