Glushenko v. ICE Field Office Dir.

Full title: ILYA GLUSHENKO, Petitioner, v. ICE FIELD OFFICE DIRECTOR, Respondent.

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Date published: Mar 11, 2020

Case No. C20-0147-TSZ-MAT (W.D. Wash. Mar. 11, 2020)

Opinion

Case No. C20-0147-TSZ-MAT

03-11-2020

ILYA GLUSHENKO, Petitioner, v. ICE FIELD OFFICE DIRECTOR, Respondent.

Mary Alice Theiler United States Magistrate Judge

REPORT AND RECOMMENDATION

Petitioner initiated this 28 U.S.C. § 2241 habeas action to obtain release from immigration detention or a bond hearing. On February 20, 2020, petitioner was released on an order of supervision. (Dkt. 8-1.) The Government now moves to dismiss this action as moot. (Dkt. 8.)

Under Article III of the U.S. Constitution, federal courts may adjudicate only actual, ongoing cases or controversies. Deakins v. Monaghan, 484 U.S. 193, 199 (1988). "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." Abdala v. I.N.S., 488 F.3d 1061, 1064 (9th Cir. 2007). Because petitioner's habeas petition challenges only the length of his detention, his claims were fully resolved by release from custody. See id. at 1065. Accordingly, there is no collateral consequence that could be redressed by the Court, and petitioner's habeas petition must be dismissed as moot. See id.

The Court recommends that the Government's motion to dismiss as moot (Dkt. 8) be GRANTED, petitioner's habeas petition be DENIED, and this action be DISMISSED with prejudice. A proposed order accompanies this Report and Recommendation.

Objections to this Report and Recommendation, if any, should be filed with the Clerk and served upon all parties to this suit within twenty-one (21) days of the date on which this Report and Recommendation is signed. Failure to file objections within the specified time may affect your right to appeal. Objections should be noted for consideration on the District Judge's motions calendar for the third Friday after they are filed. Responses to objections may be filed within fourteen (14) days after service of objections. If no timely objections are filed, the matter will be ready for consideration by the District Judge on April 3 , 2020 .

Dated this 11th day of March, 2020.

/s/_________

Mary Alice Theiler

United States Magistrate Judge