Ramil v. Beckhelm

Opinion

1 2 3 4 5 6 7 10 11 MALIKOV RAMIL, Case No.: 22-CV-1655-GPC-BGS

12 Petitioner, ORDER DISMISSING PETITION 13 v. FOR WRIT OF HABEAS CORPUS AS MOOT 15 Respondent. 16 17 On October 20, 2022, Malikov Ramil (“Petitioner” or “Ramil”), a detainee in the 18 custody of U.S. Immigration and Customs Enforcement (“ICE”), filed a Petition for Writ 19 of Habeas Corpus (“Petition”) under 28 U.S.C. § 2441 requesting that this Court “[o]rder 20 [his] release from ICE custody” because despite his final order of removal, ICE is unable 21 to deport him in the near future because of “broken diplomacy with Russia.” (ECF No. 1, 22 Pet. at 2, 7.1) During briefing, Respondent responded that “Petitioner’s allegation that he 23 cannot be repatriated is unfounded” given that he is scheduled to be deported to Russia in 24 December 2022. (ECF No. 5 at 2.) Because Petitioner appeared to still be detained at the 25

26 1 Page numbers are based on the CM/ECF pagination. 27 1 || Otay Mesa Detention Facility as of February 15, 2023, the Court directed Respondent to 2 || provide an update. (Dkt. No. 7.) On February 21, 2023, Respondent filed a status report 3 || indicating that due to the inadvertent disclosure of Petitioner’s personally identifiable 4 ||information on November 28, 2022, Petitioner’s removal proceedings re-commenced on 5 || February 9, 2023 in order to allow him to apply for asylum. (Dkt. No. 8 at 1-2; see Dkt. 6 || No. 8-1 at 6-7.) A hearing is currently set before the Immigration Judge on February 28, 7 ||2023. (Dkt. No. 8-1 at 2-3.) On February 17, 2023, ICE also granted him parole from 8 || custody subject to parole reporting requirements and a $5,000.00 bond payment. (Dkt. 9 || No. 8 at 1; Dkt. No. 8-1 at 9.) On February 22, 2023, Petitioner was released from 10 || custody on bond. (Dkt. No. 10-1.) 11 ““A case becomes moot—and therefore no longer a Case or Controversy for 12 || purposes of Article [1I—when the issues presented are no longer live.” Already, LLC v. 13 || Nike, Inc., 568 U.S. 85, 91 (2013) (internal quotations omitted); see also Fon v. 14 || Mayorkas, Case No.: 3:21cv295-AJB-WVG, 2021 WL 5444787 at *1 (S.D. Cal. Sept. 15 |} 13, 2021) (petitioner’s habeas petition requesting release from immigration detention was 16 || moot and petition dismissed upon release from detention). Because Petitioner has 17 || obtained the remedy he sought with his Petition, parole from custody, the issues 18 || presented in this case are no longer live and the Court DISMISSES the Petition as 19 ||} MOOT. The Clerk of Court shall close the case. 21 ||Dated: February 24, 2023 2 22 Hon. athe Cae 23 United States District Judge 24 25 26 27 28 22-CV-1655-GPC-BGS