United States District Court, D. Minnesota
REPORT AND RECOMMENDATION
BRISBOIS U.S. MAGISTRATE JUDGE
matter comes before the undersigned United States Magistrate
Judge pursuant to a general referral in accordance with the
provisions of 28 U.S.C. § 636 and Local Rule 72.1, as
well as, upon Petitioner Agustin M.-O.'s Petition for
Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241.
[Docket No. 1].
who at the time he filed the present Petition was in the
custody of Immigration and Customs Enforcement (hereinafter
“ICE”), filed a Petition for a Writ of Habeas
Corpus (hereinafter the “Petition”) challenging
the legality of his detention by ICE pending his removal from
the United States, as well as, the decision to remove him
from the United States. Petitioner seeks reversal of the
“Immigration Judge decision and” to be
“release[d] immediately from custody.” (Petition
[Docket No. 1]).
the filing of his Petition, however, Petitioner has been
removed to Mexico. (Response [Docket No. 8]; Immigration and
Customs Enforcement Case Summary [Docket No. 9-5]). Because
Petitioner has been removed from the United States to Mexico
this matter, as well as, his request to be released from
detention pending his removal and his challenges thereto,
have become moot.
the undersigned recommends that this matter be
dismissed without prejudice as moot.
is a native and citizen of Mexico. (Immigration Judge Order,
[Docket No. 9-1], at 1). Petitioner entered “the United
States at or near an unknown place on or about an unknown
date, and he was not then admitted or paroled after
inspection by an Immigration Officer.” (Id.).
April 12, 2011, removal proceedings were commenced against
Petitioner based on his unlawful entry into the United
States. (Id.). After Petitioner conceded to the
charge of illegal entry, Mexico was designated as the county
of removal; however, Petitioner subsequently filed an
application for cancellation of removal. (Id.).
29, 2018, after a hearing at which Petitioner appeared,
testified, and was represented by counsel, Petitioner's
application for cancellation of removal was denied.
(Id.). Petitioner appealed that denial.
(See, Order [Docket No. 9-2]).
October 26, 2018, Petitioner initiated the present action.
(Petition [Docket No. 1]). In his present Petition, he
challenges the length and legality of his detention pending
removal, as well as, his removal itself. (See,
November 6, 2018, the Board of Immigration Appeals denied
Petitioner's appeal of his removal order. (Order [Docket
No. 9-2]). Thereafter, Petitioner requested that his removal
be stayed, but that request was denied by the Eighth Circuit
Court of Appeals on November 26, 2018. (Order [Docket No.
9-4]). Although at the time his request for a stay was denied
Petitioner's request for review at the Eighth Circuit
Court of Appeals remained pending, his petition for review at
the Eighth Circuit Court of Appeals has since be dismissed
for failure to prosecute. M.-O. v. Barr, 18-3479,
Order (8th Cir. Feb. 14, 2019).
November 28, 2018, Petitioner was removed from the United
States to Mexico. (Immigration and Customs Enforcement Case
Summary [Docket No. 9-5]).
III of the United States Constitution allows Federal Courts
to adjudicate only actual, ongoing cases or controversies.
See, Am. United for Separation of Church and
State v. Prison Fellowship Ministries, 509 F.3d 406,
420-21 (8th Cir. 2007). “This case-or-controversy
requirement subsists through all stages of federal judicial
proceedings, trial and appellate” and “[w]hen an
action no longer satisfies the case or controversy
requirement, the action is moot and a ...