Fonseca v. Garland
2:22-cv-01363
W.D. Wash.
Dec 16, 2022
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VICTOR MANUEL FONSECA v. MERRICK GARLAND, et al.

CASE NO. 2:22-cv-01363-TSZ-JRC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

December 16, 2022

REPORT AND RECOMMENDATION; NOTED FOR: December 30, 2022

This matter is before the Court on referral from the district court and on respondents’ motion to dismiss. See Dkt. 8.

Petitioner, Victor Manuel Fonseca, initiated this federal habeas action under 28 U.S.C. § 2241 to obtain release from immigration detention or be afforded a bond hearing. See Dkt. 7 at 6. When he filed his petition, petitioner was confined at the Northwest Detention Center in Tacoma, Washington. See id. at 5. On October 28, 2022, the Court ordered that petitioner‘s amended petition be served and directed respondents to show cause why the petition should not be granted. See Dkt. 8. On November 4, 2022, respondents moved to dismiss petitioner‘s action as moot because petitioner was released from civil immigration detention and removed from the United States on October 25, 2022. See Dkt. 9 at 3-4. Petitioner did not respond to the motion and mail addressed to petitioner was returned as undeliverable, which suggests that petitioner is no longer at the detention facility. See Dkt. 10.

The Court may adjudicate only actual, ongoing cases or controversies. See . “For a habeas petition to continue to present a live controversy after the petitioner‘s release or deportation . . . there must be some remaining ‘collateral consequence’ that may be redressed by success on the petition.” .

Here, the only relief petitioner sought was release from custody or a bond hearing. See Dkt. 7 at 6. Petitioner‘s subsequent release from custody and removal from the United States means that there are no collateral consequences that could be redressed by the Court, which renders petitioner‘s action moot. See . Accordingly, the Court recommends that respondents’ motion to dismiss (Dkt. 9) be granted and this action be dismissed with prejudice. Any pending motions should also be denied as moot.

Pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b), the parties shall have fourteen (14) days from service of this Report to file written objections. See also Fed. R. Civ. P. 6. Failure to file objections will result in a waiver of those objections for purposes of de novo review by the district judge, see 28 U.S.C. § 636(b)(1)(C), and can result in a waiver of those objections for purposes of appeal. See ; (citations omitted). Accommodating the time limit imposed by Fed. R. Civ. P. 72(b), the clerk is directed to set the matter for consideration on December 30, 2022, as noted in the caption.

The Court directs the Clerk‘s office to send petitioner a copy of this report and recommendation at his last known address.

Dated this 16th day of December, 2022.

J. Richard Creatura

Chief United States Magistrate Judge

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