Hernandez-Gonzalez v. Bondi

• Court: District Court, W.D. Washington
• Decided: May 29, 2025
• Docket: 2:25-cv-00351
• Status: Unknown

Opinion

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5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 NESTOR ALONZO HERNANDEZ- GONZALEZ, CASE NO. 2:25-cv-00351-TMC-GJL 10 Petitioner, REPORT AND RECOMMENDATION 11 v. Noting Date: June 13, 2025 12 PAMELA BONDI, et al., Respondents. 13

14 Petitioner Nestor Alonzo Hernandez-Gonzalez initiated this 28 U.S.C. § 2241 15 immigration habeas action on February 25, 2025, to obtain his release from immigration 16 detention. Dkt. 1. Petitioner is proceeding with counsel. See Dkt. 8. The Government has 17 subsequently filed a Notice of Change in Custody Status informing the Court of Petitioner’s 18 April 4, 2025, removal from the United States along with a corresponding Motion to Dismiss for 19 Mootness. Dkt. 11. Because this action no longer involves a live controversy for adjudication, 20 the undersigned recommends the Motion to Dismiss (Dkt. 11) be GRANTED and the Petition 21 (Dkt. 1) be DISMISSED without prejudice. 22 Under Article III of the United States Constitution, federal courts may adjudicate only 23 actual, ongoing cases or controversies. Deakins v. Monaghan, 484 U.S. 193, 199 (1988). “For a 24 habeas petition to continue to present a live controversy after the petitioner’s release or 1 deportation . . . there must be some remaining ‘collateral consequence’ that may be redressed by 2 success on the petition.” Abdala v. I.N.S., 488 F.3d 1061, 1064 (9th Cir. 2007). Here, Petitioner 3 sought only his release from detention, so his claims have been fully resolved. See Dkts. 1, 11. 4 Accordingly, there is no collateral consequence remaining to be redressed by the Court and the

5 Petition should be dismissed as moot. See id. 6 Accordingly, the undersigned recommends that the Government’s Motion to Dismiss 7 (Dkt. 11) be GRANTED and this action be DISMISSED without prejudice. No certificate of 8 appealability shall issue. 9 Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), the parties 10 shall have fourteen (14) days from service of this report to file written objections. See also Fed. 11 R. Civ. P. 6. Failure to file objections will result in a waiver of those objections for purposes of 12 de novo review by the district judge, see 28 U.S.C. § 636(b)(1)(C), and can result in a waiver of 13 those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140, 142 (1985); Miranda 14 v. Anchondo, 684 F.3d 844, 848 (9th Cir. 2012) (citations omitted). Accommodating the time

15 limit imposed by Rule 72(b), the Clerk is directed to set the matter for consideration on June 13, 16 2025, as noted in the caption. 17 18 Dated this 29th day of May, 2025. 19 A 20 Grady J. Leupold 21 United States Magistrate Judge

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