Hernandez-Mendoza v. Garland

W.D. Washington

Hernandez-Mendoza v. Garland

DecidedAugust 11, 2022

Docket2:21-cv-01419

StatusUnknown

This text of Hernandez-Mendoza v. Garland (Hernandez-Mendoza v. Garland) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hernandez-Mendoza v. Garland, (W.D. Wash. 2022).

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8 KELVIN HERNANDEZ-MENDOZA, Case No. C21-1419-RSL 9

10 Petitioner, ORDER DISMISSING 11 v. HABEAS PETITION AS MOOT 12 MERRICK B. GARLAND, et al., 13 Respondents. 14 15 This matter comes before the Court on petitioner Kelvin Hernandez-Mendoza’s Petition 16 for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Dkt. # 7). 17 When Hernandez-Mendoza filed his petition, he was in Immigration and Customs 18 Enforcement (ICE) custody at the Northwest Detention Center. See Dkts. # 7, # 12. Hernandez- 19 Mendoza sought either a new bond hearing or release from ICE custody. See Dkt. # 7. On May 20 9, 2022, the Ninth Circuit issued a mandate that lifted a stay of removal previously granted to 21 Hernandez-Mendoza. See Dkt. # 16. On or about June 10, 2022, Hernandez-Mendoza was 22 deported. See Id. The Court did not receive notice of his deportation until August 8, 2022. Id. 23 Because Hernandez-Mendoza has been deported, the grievance he stated in his petition 24 can no longer be remedied. See Abdala v. INS, 488 F.3d 1061, 1062 (9th Cir. 2007) (holding that 25 where petitioner’s claims under § 2241 “challenged only the length of his detention, as 26 distinguished from the lawfulness of the deportation order, his grievance could no longer be 27 remedied once he was deported” and “[h]is petition was thus rendered moot”). Hernandez- 28 Mendoza’s petition is therefore moot. 1 For all of the foregoing reasons, Hernandez-Mendoza’s Petition for Writ of Habeas 2 Corpus (Dkt. # 7) is DISMISSED as moot. The Clerk of Court is directed to send copies of this 3 Order to the parties and to Judge Michelle L. Peterson. The Clerk of Court is directed to enter 4 judgment for respondents and against petitioner. 5 IT IS SO ORDERED. 6 DATED this 11th day of August, 2022. 7 A

8 Robert S. Lasnik 9 United States District Judge

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8 KELVIN HERNANDEZ-MENDOZA, Case No. C21-1419-RSL 9

10 Petitioner, ORDER DISMISSING 11 v. HABEAS PETITION AS MOOT 12 MERRICK B. GARLAND, et al., 13 Respondents. 14 15 This matter comes before the Court on petitioner Kelvin Hernandez-Mendoza’s Petition 16 for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Dkt. # 7). 17 When Hernandez-Mendoza filed his petition, he was in Immigration and Customs 18 Enforcement (ICE) custody at the Northwest Detention Center. See Dkts. # 7, # 12. Hernandez- 19 Mendoza sought either a new bond hearing or release from ICE custody. See Dkt. # 7. On May 20 9, 2022, the Ninth Circuit issued a mandate that lifted a stay of removal previously granted to 21 Hernandez-Mendoza. See Dkt. # 16. On or about June 10, 2022, Hernandez-Mendoza was 22 deported. See Id. The Court did not receive notice of his deportation until August 8, 2022. Id. 23 Because Hernandez-Mendoza has been deported, the grievance he stated in his petition 24 can no longer be remedied. See Abdala v. INS, 488 F.3d 1061, 1062 (9th Cir. 2007) (holding that 25 where petitioner’s claims under § 2241 “challenged only the length of his detention, as 26 distinguished from the lawfulness of the deportation order, his grievance could no longer be 27 remedied once he was deported” and “[h]is petition was thus rendered moot”). Hernandez- 28 Mendoza’s petition is therefore moot. 1 For all of the foregoing reasons, Hernandez-Mendoza’s Petition for Writ of Habeas 2 Corpus (Dkt. # 7) is DISMISSED as moot. The Clerk of Court is directed to send copies of this 3 Order to the parties and to Judge Michelle L. Peterson. The Clerk of Court is directed to enter 4 judgment for respondents and against petitioner. 5 IT IS SO ORDERED. 6 DATED this 11th day of August, 2022. 7 A

8 Robert S. Lasnik 9 United States District Judge

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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