Mutzutz Sutuj v. Current or Acting Field Office Director

Opinion

1 2 3 7 8 JORGE ADABERTO MUTZUTZ SUTUJ, Case No. 23-cv-05455-RMI 9 Plaintiff, 10 y ORDER RE: MOTION TO DISMISS Re: Dkt. No. 9 DIRECTOR, a 12 Defendant. 13

v 14 Petitioner filed a Petition for Writ of Habeas Corpus (dkt. 1), through which he requested a © 15 || bond hearing during the pendency of his immigration removal proceedings. Several weeks later, Q 16 || “Petitioner was legally removed from the United States to Guatemala and his removal from the

= 17 || United States was verified by a DHS official who witnessed the removal.” Resp.’s Mot. (dkt. 9) at

18 || 4. Deportation after filing a habeas petition does not always moot a petitioner’s claim. See Abdala 19 || v. INS, 488 F.3d 1061, 1063-1064 (9th Cir. 2007). “For a habeas petition to continue to present a 20 || live controversy after the petitioner’s release or deportation, however, there must be some 21 || remaining ‘collateral consequence’ that may be redressed by success on the petition.” /d. (citing 22 || Spencer v. Kemna, 523 U.S. 1, 7 (1998)). Because the Petition only sought a bail determination 23 || pending removal, the government’s motion to dismiss the Petition as moot is GRANTED. 25 || Dated: March 11, 2024 26 27 R@BERT M. ILLMAN 28 United States Magistrate Judge