Fonseca v. Garland, 2:22-cv-01363

Petitioner Victor Manuel Fonseca filed a habeas petition under 28 U.S.C. § 2241 seeking release from immigration detention or a bond hearing while detained at the Northwest Detention Center in Tacoma, WA.
The district court referred the matter and ordered service of the amended petition; respondents were ordered to show cause.
Respondents moved to dismiss, asserting the case is moot because Fonseca was released from custody and removed from the United States on October 25, 2022.
Petitioner did not respond to the motion and mail to his last known address was returned as undeliverable.
The petition sought only release or a bond hearing; respondents argued no live controversy remains after release and removal.
The magistrate judge recommended granting respondents’ motion, dismissing the action with prejudice, and denying any pending motions as moot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Fonseca's habeas petition remains a live case or is moot after his release and removal	Fonseca sought release or a bond hearing (claims still viable)	Release and removal eliminate the relief sought and leave no collateral consequences; case is moot	Petition is moot; recommend dismissal with prejudice and denial of pending motions as moot

Deakins v. Monaghan, 484 U.S. 193 (1988) (federal courts may adjudicate only actual, ongoing cases or controversies)
Abdala v. I.N.S., 488 F.3d 1061 (9th Cir. 2007) (habeas remains live after release/deportation only if collateral consequences remain that can be redressed)
Thomas v. Arn, 474 U.S. 140 (1985) (failure to file objections to a magistrate judge’s report waives de novo review)
Miranda v. Anchondo, 684 F.3d 844 (9th Cir. 2012) (same regarding waiver of objections to magistrate judge recommendations)