Gritsenko v. U.S. Department of Homeland Security
This text of Gritsenko v. U.S. Department of Homeland Security (Gritsenko v. U.S. Department of Homeland Security) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ALEKSEI GRITSENKO, Case No.: 25cv899-LL-JLB
12 Petitioner, ORDER GRANTING 13 v. RESPONDENT’S MOTION TO DISMISS HABEAS PETITIONS FOR 14 U.S. DEPARTMENT OF HOMELAND MOOTNESS SECURITY, 15 Respondent. [ECF No. 10] 16 17 18 19 Before the Court is Respondent’s Motion to Dismiss Aleksei and Diana Gritsenko’s 20 (collectively “Petitioners”) Petitions for Writ of Habeas Corpus pursuant to 28 U.S.C. 21 § 2241 for mootness (“Motion”). ECF No. 10. Respondent attests that Petitioners were 22 released from detention on June 5, 2025. ECF No. 10-1, Declaration of Fernando 23 Valenzuela, ¶¶ 8–9; see also ECF No. 10-2. 24 The Court finds that Petitioners’ actions are now moot. When Petitioners filed their 25 habeas petitions, they sought to be released from immigration detention. Now that 26 Petitioners have been released from custody, the Court is without power to grant the relief 27 requested and the Petitions are therefore moot. Picrin-Peron v. Rison, 930 F.2d 773, 775 28 (9th Cir. 1991) (citation omitted) (“If it appears that we are without power to grant the 1 || relief requested, then this case is moot.”); see also Spencer v. Kemna, 523 U.S. 1,7 (1998) 2 || (noting that a petition can become moot if it no longer presents a case or controversy under 3 || Article III, Section 2, of the Constitution by reason of lacking an actual injury traceable to 4 ||a defendant that is capable of being redressed by a favorable judicial decision). 5 || Accordingly, the Court GRANTS Respondent’s Motion and DISMISSES the Petitions as 6 ||moot. The Clerk of Court is DIRECTED to close these consolidated cases. 7 IT IS SO ORDERED. 8 || Dated: June 27, 2025 NO 9 DE 10 Honorable Linda Lopez 1 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Gritsenko v. U.S. Department of Homeland Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gritsenko-v-us-department-of-homeland-security-casd-2025.