Sy v. Bondi
2:25-cv-00276
W.D. Wash.May 8, 2025Background
- Papa Samba Sy filed a habeas corpus petition under 28 U.S.C. § 2241 seeking release from immigration detention.
- The government notified the court that Sy was removed from the United States to Senegal on March 29, 2025.
- Sy was represented by the Federal Public Defender’s Office (FPD).
- The court ordered Sy to respond regarding his custody status and mootness of the petition.
- FPD confirmed Sy’s removal and joined the government’s request to dismiss the case as moot.
- The magistrate judge issued a report and recommendation to dismiss the petition without prejudice.
Issues
| Issue | Petitioner’s Argument | Respondent’s Argument | Held |
|---|---|---|---|
| Mootness of Habeas Petition After Removal | Petition should address length of detention | Case is moot due to removal | Petition is moot; dismissed |
Key Cases Cited
- Deakins v. Monaghan, 484 U.S. 193 (1988) (federal courts only adjudicate actual, ongoing cases or controversies)
- Abdala v. I.N.S., 488 F.3d 1061 (9th Cir. 2007) (habeas petitions addressing length of detention become moot after removal if no collateral consequences remain)
- Thomas v. Arn, 474 U.S. 140 (1985) (failure to object to magistrate’s report waives appellate review)
- Miranda v. Anchondo, 684 F.3d 844 (9th Cir. 2012) (failure to object waives appellate review)