Ventura v. Archambeault ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CRISTIAN GUTIERREZ VENTURA, Case No.: 3:20-cv-00963-GPC-AGS 12 ORDER DENYING AND Petitioner, 13 DISMISSING AMENDED PETITION v. FOR WRIT OF HABEAS CORPUS 14 AS MOOT GREGORY J. ARCHAMBEAULT, San 15 Diego Field Office Director, Immigration 16 and Customs Enforcement, et. al., 17 Respondents. 18 19 Petitioner Cristian Gutierrez Ventura (“Petitioner”), a detainee in the custody of 20 the U.S. Immigration and Customs Enforcement (“ICE”) filed an Amended Petition for 21 22 Writ of Habeas Corpus under 22 U.S.C. § 2241 requesting immediate release from the 23 Imperial Regional Detention Facility (“IRDF”) “due to the urgent threat to his life posed 24 by COVID-19” pending his removal proceedings. (Dkt. No. 4.) Respondents filed a 25 1 26 3:20-cv-00963-GPC-AGS 1 Return to Petition and supporting documentation. (Dkt. Nos. 9, 10, 15, 16.) On July 13, 2 2020, Petitioner filed a request for appointment of counsel which the Court denied but 3 granted him additional time to file a reply until August 7, 2020. (Dkt. No. 21.) On 4 5 August 6, 2020, Respondents filed a notice of Petitioner’s removal stating that on July 6 15, 2020, Petitioner was removed from the United States to El Salvador. (Dkt. No. 24; 7 Dkt. No. 24-1, Valenzuela Decl. ¶ 5.) On July 1, 2020, Immigration Judge ordered 8 9 Petitioner removed and Petitioner waived appeal of the immigration judge’s decision and 10 the Immigration Judge’s decision and removal order became the final order of removal. 11 (Id. ¶ 3.) ICE scheduled a flight for Petitioner, and on July 15, 2020, Petitioner was 12 13 removed to El Salvador by airplane. (Id. ¶¶ 4-5.) Respondents argue that the petition 14 should be dismissed as moot. The Court agrees. 15 Here Petitioner sought release from ICE custody while his case was being 16 17 adjudicated in the immigration court. (Dkt. No. 4, Pet. 30.) Therefore, his removal fully 18 resolved the relief sought in his habeas petition. See Abdala v. INS, 488 F.3d 1061, 1063 19 (9th Cir. 2007) (petition rendered moot by removal shortly after the petition was filed 20 21 because habeas claims challenged only the length of his detention as distinguished from 22 the lawfulness of the deportation order); see also Sayyah v. Farquharson, 382 F.3d 20, 22 23 n. 1 (1st Cir.2004) (holding that a “claim[of] indefinite detention . . . was mooted by [a 24 25 2 26 3:20-cv-00963-GPC-AGS 1 || petitioner's] subsequent release”). Accordingly, the Court DENIES and DISMISSES the 2 Amended Petition for Writ of Habeas Corpus. : IT IS SO ORDERED. 5 Dated: August 14, 2020 2 6 Hon. athe Cae 7 United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3:20-cv-00963-GPC-AGS 27