(HC) Andara-Ponce v. Wolf, 1:20-cv-00765

Petitioner Jorge Andara-Ponce, a pro se § 2241 habeas petitioner, filed on June 2, 2020 seeking release from Mesa Verde immigration detention due to COVID-19 risk; he was awaiting deportation after a California murder conviction.
Petitioner alleged heightened medical risk from COVID-19 based on his health history and sought immediate release (and moved for a TRO).
The court stayed the case on June 4, 2020 in light of the provisional class certification and TRO in Rivas v. Jennings (N.D. Cal.).
Respondents filed a status report on June 8, 2020 reporting Petitioner was released on bail June 5 pursuant to a bail order in Rivas and moved to dismiss the petition as moot.
The court took judicial notice of ICE’s detainee locator, found no record of ongoing detention, and noted Petitioner did not allege collateral consequences from his prior detention.
Magistrate Judge Barch-Kuchta recommended lifting the stay, granting the motion to dismiss, terminating the TRO as moot, and closing the case (14-day objection period).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether habeas petition challenging immigration detention is moot after release	Andara-Ponce sought release because detention conditions exposed him to COVID-19 risk	Respondents: release on bail eliminated detention relief sought, rendering the petition moot	Petition held moot because petitioner was released and did not show collateral consequences; stay to be lifted, petition dismissed, TRO terminated

Lewis v. Continental Bank Corp., 494 U.S. 472 (Article III case-or-controversy must exist throughout litigation)
Picrin-Peron v. Rison, 930 F.2d 773 (9th Cir. 1991) (if court cannot grant requested relief, case is moot)
Spencer v. Kemna, 523 U.S. 1 (1998) (upon release, habeas petition is moot unless petitioner shows continuing collateral consequences)
Dominguez v. Kernan, 906 F.3d 1127 (9th Cir. 2018) (release can make habeas claims moot where no effectual relief remains)