Herbert Arce-Retana v. Nathalie Asher ( 2014 )

FILED
NOT FOR PUBLICATION DEC 1 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HERBERT ARCE-RETANA, a.k.a. No. 13-35549
Herbert Conrado Arce-Retana,
D.C. No. 2:12-cv-02062-TSZ
Petitioner - Appellant,
v. MEMORANDUM*
NATHALIE ASHER, ICE Field Office
Director,
Respondent - Appellee.
Appeal from the United States District Court
for the Western District of Washington
Thomas S. Zilly, Senior District Judge, Presiding
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Herbert Arce-Retana appeals pro se from the district court’s final judgment
dismissing with prejudice his 28 U.S.C. § 2241 habeas petition challenging his
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
immigration detention and bond amount. We dismiss the appeal for lack of
jurisdiction.
We lack jurisdiction to review the district court’s dismissal of Arce-Retana’s
habeas petition because his subsequent departure from the United States following
his release from immigration custody during the pendency of his appeal moots his
requests for release from custody on the condition of bond and for a reduction in
the bond amount. See Mamigonian v. Biggs, 710 F.3d 936, 942 (9th Cir. 2013)
(“Federal courts do not have constitutional authority to decide moot cases.”); see
also Abdala v. INS, 488 F.3d 1061, 1065 (9th Cir. 2007) (dismissing a habeas
petition for mootness, where the petitioner’s deportation “cur[ed] his complaints
about the length of his INS detention” and presented “no collateral
consequences . . . that his original petition could have redressed”).
DISMISSED.
2 13-35549