Guerrini v. Ashcroft ( 2011 )

FILED
NOT FOR PUBLICATION MAY 05 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TOMMASO GUERRINI, No. 06-55703
Petitioner - Appellant, D.C. No. CV-05-06827-FMC
v.
MEMORANDUM *
ERIC HOLDER, Attorney General of the
United States,
Respondent - Appellee.
Appeal from the United States District Court
for the Central District of California
Florence-Marie Cooper, District Judge, Presiding
Submitted May 3, 2011 **
Pasadena, California
Before: PREGERSON, FISHER, and BERZON, Circuit Judges.
Tommaso Guerrini, a native and citizen of Italy, appeals the district court’s
order denying and dismissing his 28 U.S.C. § 2241 habeas petition. Because the
petition is moot, we dismiss.
*
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).
Guerrini was released from detention on January 5, 2007. “For a habeas
petition to continue to present a live controversy after the petitioner’s release . . .
there must be some remaining collateral consequence that may be redressed by
success on the petition.” Abdala v. INS, 488 F.3d 1061, 1064 (9th Cir. 2007)
(internal quotation marks omitted).
Guerrini has not shown he suffered any legally cognizable collateral
consequences from his detention. See id. See also Spencer v. Kemna, 523 U.S. 1,
7 (1998). Moreover, we recently clarified in Singh v. Holder, No. 10-15715, 2011
WL 1226379, at *9 (9th Cir. Mar. 31, 2011), that post-hoc memorandum
dispositions are inadequate and that audio recordings would satisfy due process.
Thus, Guerrini cannot show that he has a reasonable expectation that he would be
denied a recorded bond hearing in the future. See also Weinstein v. Bradford, 423
U.S. 147, 149 (1975). Finally, Guerrini never represented, and does not currently
represent, a certified class of similarly-situated aliens. See Franks v. Bowman
Transp. Co., 424 U.S. 747, 753-55 (1976).
Guerrini’s current detention is the result of his intervening unlawful reentry
attempt in 2009 and his current status as an “arriving alien” ineligible for bond
under 8 C.F.R. § 235.3(b)(2)(ii). Thus, his current detention has no bearing on his
habeas petition.
2
DISMISSED.
3