Chocho v. Shanahan

308 F. Supp. 3d 772
CourtDistrict Court, S.D. Illinois
DecidedApril 4, 2018
Docket18–CV–1881 (AJN)
StatusPublished
Cited by7 cases

This text of 308 F. Supp. 3d 772 (Chocho v. Shanahan) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chocho v. Shanahan, 308 F. Supp. 3d 772 (S.D. Ill. 2018).

Opinion

ALISON J. NATHAN, District Judge:

On March 1, 2018, Petitioner Perez Chocho filed a petition seeking a writ of habeas corpus ordering Respondents to release him or provide him with a bond hearing. Pet. ¶ 1. On March 9, 2018, the Court ordered Respondents to file a return by March 21, 2018, showing cause why the *773writ of habeas corpus should not be granted. Dkt. No. 11.

On March 20, 2018, the Court received a letter from Respondents stating that Petitioner was released from custody on March 19, 2018 and granted a one-year administrative stay of removal. Dkt. No. 13. In light of Petitioner's release from detention, Respondents request that this Court dismiss the action as moot. Dkt. No. 13. Petitioner opposes that request. Dkt. No. 15. For the reasons explained below, the Court dismisses the action as moot.

I. Factual Background

Petitioner is a citizen of Ecuador and has resided in the United States since 2003. Pet. ¶ 17. He has a six-year-old daughter who is a United States citizen. Pet. ¶ 17.

On October 29, 2003, Petitioner was ordered removed by the San Antonio Immigration Court. Pet. ¶ 22. Petitioner was unaware of the removal order until 2013, when he contacted an attorney to represent him on immigration matters. Pet. ¶¶ 23-25. On December 18, 2013, Petitioner surrendered to ICE. Pet. ¶ 26. ICE released Petitioner pursuant to an Order of Supervision. Pet. ¶ 27. For the next three years, Petitioner attended regular check-ins with ICE. Pet. ¶ 27.

Petitioner attended check-ins with ICE on March 16, 2017, and May 25, 2017. Pet. ¶ 32. At a check-in on August 29, 2017, Petitioner was arrested, and was detained until March 19, 2018. Pet. ¶ 34; Dkt. No. 13.

On March 15, 2017, Petitioner moved the San Antonio Immigration Court to reconsider its 2003 removal order. Pet. ¶ 31. The San Antonio Immigration Court denied that motion on June 21, 2017, and Petitioner appealed that decision to the Board of Immigration Appeals (BIA) on July 13, 2017. Pet. ¶ 33. On November 17, 2017, the BIA remanded Petitioner's case to the San Antonio Immigration Court to consider new evidence submitted on appeal. Pet. 39. The San Antonio Immigration Court issued an order on February 16, 2018 denying the motion to reopen proceedings. Pet. 47.

On November 21, 2017, Petitioner filed a motion for a bond hearing with the New York Immigration Court. Dkt. No. 8, Ex. 2 ¶ 11. The Immigration Court concluded that it lacked jurisdiction over a bond hearing because Petitioner was subject to an administratively final order of removal. Pet. ¶ 43. On February 15, 2018, Petitioner filed a second motion for bond with the New York Immigration Court based on Lora v. Shanahan , 804 F.3d 601 (2d Cir. 2015), and in the alternative, Zadvydas v. Davis , 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001). Pet. ¶¶ 45, 49; Dkt. No. 8, Ex. 2 ¶ 13. On March 1, 2018, the Immigration Court held a hearing and denied bond because it concluded that it had no jurisdiction to consider the bond application. Pet. ¶ 46. On March 1, 2018, Petitioner submitted a written request for ICE to reconsider Petitioner's custody status. Pet. ¶ 50.

Petitioner has submitted an application for U Nonimmigrant Status, and on March 1, 2018, United States Citizenship and Immigration Services (USCIS) found that Petitioner was prima facie eligible for U Nonimmigrant Status. Pet. ¶ 35.

On March 1, 2018, Petitioner also filed a petition seeking a writ of habeas corpus. Pet. ¶ 1. He requested a writ of habeas corpus directing Respondents to bring Petitioner to Court and explain why Petitioner should not be released from custody; issue a declaratory judgment that Petitioner's mandatory detention violates his statutory and constitutional rights; direct Respondents to release Petitioner or provide him with a bond hearing; and award Petitioner all costs in maintaining the action.

*774On March 19, 2018, Petitioner was released from custody and granted a one-year administrative stay of removal. Dkt. No. 13.

II. Analysis

"In order to satisfy the case-or-controversy requirement [of Article III], a party must, at all stages of the litigation, have an actual injury which is likely to be redressed by a favorable judicial decision." United States v. Williams , 475 F.3d 468, 478-79 (2d Cir. 2007). The petition for habeas corpus requests that Respondents release Petitioner or provide him with a bond hearing. Pet. 1. Since the filing of the petition, Petitioner has been released. Following his release from custody, Petitioner "is no longer suffering an 'actual injury." ' See Leybinsky v. U.S. Immigration and Customs Enforcement , 553 Fed.Appx. 108, 109 (2d Cir. 2014). Petitioner has received the relief that was sought in the habeas petition, so the action is now moot. See Martin-Trigona v. Shiff , 702 F.2d 380, 386 (2d Cir. 1983) ("The hallmark of a moot case or controversy is that the relief sought can no longer be given or is no longer needed."). Despite Petitioner's argument to the contrary, see Dkt. No. 15, his request for a declaratory judgment does not change that conclusion, see Velvet Underground v. Andy Warhol Found., for the Visual Arts, Inc. , 890 F.Supp.2d 398, 403 (S.D.N.Y. 2012) ("As with any federal action, courts may not entertain actions for declaratory judgment 'when the parties are asking for an advisory opinion, when the question sought to be adjudicated has been mooted by subsequent developments, and when there is no standing to maintain the action.' " (quoting Flast v. Cohen , 392 U.S. 83, 95, 88 S.Ct. 1942, 20 L.Ed.2d 947 (1968) ).

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Cite This Page — Counsel Stack

Bluebook (online)
308 F. Supp. 3d 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chocho-v-shanahan-ilsd-2018.