Opinion
Civil Action No. 99-5226 (NHP).
July 25, 2000
Mr. Samir Aumertane, #79370 B 500E, Hudson County Correction Center, Alien No. A 77 034 899, So. Kearny, N.J., Petitioner Pro Se.
Daniel J. Gibbons, Assistant U.S. Attorney, ROBERT J. CLEARY, UNITED STATES ATTORNEY, Newark, N.J., Attorneys for United States.
THE ORIGINAL OF THIS *FINAL* LETTER ORDER IS ON FILE WITH THE CLERK OF THE COURT
Dear Litigants:
This matter comes before the Court on a petition by Samir Aumertane for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and a motion to be released from detainment and/or to seek refugee status. Respondents filed a motion to dismiss the petition as moot. This matter was resolved without oral argument pursuant to R. 78. For the following reasons, the petition for a writ of habeas corpus is DENIED, and the motion to be released from detainment and/or to seek refugee status is DENIED AS MOOT.
STATEMENT OF FACTS
Petitioner Samir Aumertane ("Aumertane") was born in Paris, France.See Petition at 1. On September 15, 1998, Aumertane entered the United States illegally via boat from Italy. See Answer at 1. The Immigration and Naturalization Services ("INS") arrested Aumertane and detained him at the Hudson County Correction Center in Hackensack, New Jersey. See Petition at 1.In February of 1999, an immigration judge denied Aumertane's request for political asylum. See id. Furthermore, because he failed to register for French citizenship at the age of eighteen, the French government refused to accept him upon his removal order from the United States. See id. As a result, Aumertane became "stateless."
Aumertane argued for refugee status after he was allegedly told that he would be detained forever. See id. at 1. Finally, on April 2, 2000, Aumertane was removed from the United States. See Notice Attached to Answer.
DISCUSSION
The government argues that because Aumertane was recently removed from the United States, both his petition for habeas corpus and the accompanying motion for refugee status are moot. The Constitution of the United States deems a petition moot when a case or controversy fails to subsist throughout all stages of federal judicial proceedings. See U.S. Const. art. 3, § 2, cl. 1. Additionally, the Supreme Court has held that the complaining party must continue to have a personal stake in the outcome of the lawsuit throughout the litigation. See Lewis v. Continental Bank Corp., 494 U.S. 472, 477-488 (1990). In order to satisfy the case or controversy requirement, the Supreme Court has explained that the plaintiff must have suffered, or be threatened with, an injury-in-fact that is traceable to the defendant. See id. This injury-in-fact must also be redressable by a favorable judicial decision. See id.
In the present case, assuming arguendo that Aumertane could prove an injury-in-fact, his removal from the United States bars him from any remedy. Aumertane is arguing that he is stateless and, therefore, deserves to be released from detainment and/or seek refugee status. As a result of his removal, the alleged injury is no longer redressable.
There is an exception to the mootness doctrine for cases where "burdensome collateral consequences" will flow from the removal. See Lewis v. Continental Bank Corp . , 494 U.S. 472 (1990); Spencer v. Kemna , 118 S.Ct. 978, 988(1998); U.S. v. Romero-Vilca , 850 F.2d 177, 179 (3d Cir. 1988). However, after Aumetane was removed, he failed to raise this argument. Therefore, this Court need not address this issue.
CONCLUSION
For the aforementioned reasons, the petition for a writ of habeas corpus is DENIED, and the motion to be released from detainment and/or to seek refugee status is DENIED AS MOOT.This case is hereby CLOSED.
A certificate of appealability shall not issue since petitioner has not made a substantial showing that he was denied a constitutional right.