Opinion
CIVIL ACTION NO. 3:18-CV-00612
07-30-2019
RAUL AMADOR ROMERO-MATOS, Petitioner, v. JEFFERSON B. SESSIONS, III Attorney General of the United States Department of Justice, Respondent.
(MUNLEY, J.)
() REPORT AND RECOMMENDATION
On March 13, 2018, the Court received a Petition for a Writ of Habeas Corpus, filed by the Petitioner, Raul Amador Romero-Matos ("Romero-Matos" or "Petitioner"), pursuant to 28 U.S.C. § 2241. (Doc. 1). At the time of filing, Romero-Matos was being held in the custody of United States Immigration and Customs Enforcement ("ICE").
The petition, as filed with this Court, was entitled a "Petition for Review and Habeas Corpus Relief." (Doc. 1). However, Romero-Matos originally filed the same petition with the United States Court of Appeals for the Third Circuit on March 8, 2018. (Doc. 4, at 1); Raul Romero-Matos v. Att'y Gen., No. 18-1509 (3d Cir. appeal docketed Mar. 8, 2018). On March 13, 2018, the Third Circuit Court retained jurisdiction over Romero-Matos's Petition for Review and transferred his Petition for Habeas Corpus Relief to the Middle District of Pennsylvania. (Doc. 4, at 5). Thus, the sole matter pending before this Court is Romero-Matos's § 2241 petition. --------
On July 12, 2019, the Court issued an Order directing the Parties to file a status report as to the custody status of Romero-Matos. (Doc. 10). Respondents filed a status report on July 26, 2019, in which they state that Romero-Matos was removed on January 11, 2019. (Doc. 11). Because Romero-Matos "has already been deported and is, therefore, no longer in custody, the challenge to [his] detention is moot and the habeas petition must be dismissed." Lindaastuty v. Attorney Gen., 186 F. App'x 294, 298 (3d Cir. 2006); Audain v. Decker, No. 3:12-CV-02301, 2013 WL 5656128, at *2 (M.D. Pa. Oct. 15, 2013). Notably, in his status report filed on July 26, 2019 by and through his attorneys, Romero-Matos does not object to the dismissal of this action on the basis of mootness. (Doc. 12).
Based on the foregoing, it is recommended that the petition (Doc. 1) be DISMISSED AS MOOT and that the case file be closed.
BY THE COURT: Dated: July 30, 2019
/s/ _________
KAROLINE MEHALCHICK
United States Magistrate Judge NOTICE
NOTICE IS HEREBY GIVEN that the undersigned has entered the foregoing Report and Recommendation dated July 30, 2019. Any party may obtain a review of the Report and Recommendation pursuant to Rule 72.3, which provides:
Any party may object to a magistrate judge's proposed findings, recommendations or report addressing a motion or matter described in 28 U.S.C. § 636(b)(1)(B) or making a recommendation for the disposition of a prisoner case or a habeas corpus petition within fourteen (14) days after being served with a copy thereof. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections. The briefing requirements set forth in Local Rule 72.2 shall apply. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions.Dated: July 30, 2019
/s/ _________
KAROLINE MEHALCHICK
United States Magistrate Judge