Bellorin Umanzor v. ICE Field Office Director

• Court: District Court, W.D. Washington
• Decided: February 1, 2021
• Docket: 2:20-cv-00687
• Status: Unknown

Opinion

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4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE

9 10 NEXIS DAVID BELLORIN CASE NO. C20-0687JLR UMANZOR, 11 ORDER GRANTING MOTION Plaintiff, TO DISMISS AS MOOT 12 v.

13 ICE FIELD OFFICE DIRECTOR, 14 Defendant. 15 On November 2, 2020, Magistrate Judge Mary A. Theiler recommended that the 16 court grant in part and deny in part Petitioner Nexis David Bellorin Umanzor’s 17 immigration habeas petition. (Report and Recommendation (Dkt. # 11).) Specifically, 18 Magistrate Judge Theiler recommended that the court deny Petitioner’s request to obtain 19 release and grant him a bond hearing. (Id.) On December 2, 2020, Petitioner was 20 released from Department of Homeland Security (“DHS”) custody. (See MTD (Dkt. 21 22 1 # 15), Ex. 1 (“Order of Release”).) Defendant ICE Field Office Director (“the 2 Government”) now moves to dismiss this action as moot. (Id.) 3 The court agrees that Petitioner’s claim is moot. Petitioner has received the relief

4 sought by his habeas petition. (Pet. (Dkt. # 5) at 2 (requesting that Petitioner be released 5 on supervised release or, in the alternative, be granted a bond hearing).) The court finds 6 that no exceptions to mootness apply. Petitioner does not challenge any collateral 7 consequences of his detention. (See generally Pet.) There is no reason to believe that if 8 DHS were to detain Petitioner again, any alleged violations would evade review. Finally,

9 while this is a voluntary cessation on the part of the Government, there is no “reasonable 10 expectation that the alleged wrong will be repeated.” See Sze v. INS, 153 F.3d 1005, 11 1008 (9th Cir. 1998). While Petitioner’s order of supervision contains conditions that 12 may end his supervised release, such as the commission of crimes or failure to assist 13 immigration authorities in obtaining necessary travel documents (see Order of Release at

14 3), there is no reasonable expectation that Petitioner will be detained again. 15 For the foregoing reasons the court GRANTS the Government’s motion to dismiss 16 as moot (Dkt. # 15) and DIRECTS the Clerk to strike the pending objections to the 17 Report and Recommendation (Dkt. # 12). 18 Dated this 1st day of February, 2021.

19 A 20 21 JAMES L. ROBART United States District Judge 22