Antonio Sanchez Ochoa v. Ed Campbell

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 30, 2018
• Docket: 17-35679
• Status: Unpublished

Opinion

FILED NOT FOR PUBLICATION MAR 30 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANTONIO SANCHEZ OCHOA, No. 17-35679

Plaintiff-Appellee, D.C. No. 1:17-cv-03124-SMJ

v. MEMORANDUM* ED W. CAMPBELL, Director of Yakima County Department of Corrections; SCOTT HIMES, Chief of the Yakima County Department of Corrections; YAKIMA COUNTY,

Defendants-Appellants.

Appeal from the United States District Court for the Eastern District of Washington Salvador Mendoza, Jr., District Judge, Presiding

Argued and Submitted March 9, 2018 Seattle, Washington

Before: RAWLINSON and CLIFTON, Circuit Judges, and FREUDENTHAL,** Chief District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Nancy Freudenthal, Chief United States District Judge for the District of Wyoming, sitting by designation. Defendants-Appellants Ed W. Campbell, Scott Himes, and Yakima County

(collectively, the County) appeal the district court’s order granting Plaintiff-

Appellee Antonio Sanchez Ochoa’s (Sanchez Ochoa) request for a temporary

restraining order (TRO). The TRO required that the County: remove a notation

from its online jail roster indicating that Sanchez Ochoa was being detained

pursuant to an immigration hold; physically release Sanchez Ochoa should he post

bond on his state charges; and refrain from relying on an administrative warrant to

hold or otherwise communicate to third parties that Sanchez Ochoa was being held

due to his immigration status. Reviewing subject matter jurisdiction de novo,

including questions of mootness, we dismiss the case as moot and vacate the TRO.

See Diaz v. First Am. Home Buyers Prot. Corp., 732 F.3d 948, 951 (9th Cir. 2013)

(citation omitted).

Following the district court’s entry of the TRO, Sanchez Ochoa posted bond

and left the Yakima County Jail. Outside the jail, federal immigration authorities

apprehended Sanchez Ochoa and took him into custody.

At oral argument, plaintiff’s counsel represented to the Court that Sanchez

Ochoa has been deported, and the state criminal charges have been resolved.

These factual circumstances have removed any actual or live controversy between

the parties, as enforcement of the TRO can no longer provide Sanchez Ochoa any

2 relief. Thus, this appeal has been rendered moot. See Bishop Paiute Tribe v. Inyo

Cty., 863 F.3d 1144, 1155 (9th Cir. 2017).

APPEAL DISMISSED. INJUNCTION (TEMPORARY

RESTRAINING ORDER) VACATED.