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LENG v. GONZALEZ

United States District Court, W.D. Texas, San Antonio Division
Jun 19, 2006
SA-05-CA-1184-RF (W.D. Tex. Jun. 19, 2006)

Opinion

SA-05-CA-1184-RF.

June 19, 2006


ORDER ADOPTING THE MEMORANDUM AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DISMISSING PETITIONER'S WRIT OF HABEAS CORPUS


BEFORE THE COURT is the Memorandum and Recommendation of the United States Magistrate Judge John W. Primomo entered on April 10, 2006 (Docket No. 11). The Magistrate Judge recommends that Petitioner's Section 2241 application for writ of habeas corpus be dismissed. Petitioner did not file any objections to the Report and Recommendation. After due consideration, the Court is of the opinion that the Memorandum and Recommendation should be ADOPTED IN ITS ENTIRETY.

BACKGROUND

Thor Leng, Petitioner, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 on December 7, 2005 (Docket No. 1). Petitioner, a native and citizen of Cambodia, was taken into Respondent's custody on November 5, 2004 in El Paso, Texas (Docket No. 10 at 2). An immigration judge ordered Petitioner removed on April 25, 2005 (Docket No. 10 at 2). Respondents attempted to remove Petitioner, but efforts were unsuccessful due to the Cambodian government's refusal to accept repatriation of citizens ordered removed (Docket No. 6 at 5). Respondents released Petitioner from detention on January 27, 2006 (Docket No. 10 at 2). On March 9, 2006, Respondents filed a motion to dismiss and the Petitioner informed the Magistrate Judge that no opposition to the motion would be filed (Docket No. 11 at 1).

STANDARD OF REVIEW

The Court reviews de novo a Magistrate Judge's Memorandum and Recommendation if a party files specific objections within ten days of service. The Court need not consider objections that are frivolous, conclusive, or general in nature. If there are no specific objections to a Magistrate Judge's Memorandum and Recommendation, the District Court is to review it for findings and conclusions that are either clearly erroneous or contrary to law. In the instant case, Petitioner did not file specific objections to the Magistrate Judge's Memorandum and Recommendation, thus warranting a review by the Court for findings and conclusions that are either clearly erroneous or contrary to law.

Battle v. United States Parole Comm'n, 834 F.2d 419, 421 (5th Cir. 1987).

See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).

ANALYSIS

Upon review of Petitioner's habeas corpus petition, the Magistrate Judge determined that the writ of habeas corpus pursuant to 28 U.S.C. § 2241 was rendered moot upon the Petitioner's release from custody (Docket No. 11 at 3). The Judge examined the issue of mootness and determined that Article III of the Constitution grants the judiciary the power to rule over actual, ongoing cases and controversies. Additionally, Article III denies the federal courts authority to decide "questions that cannot affect the rights of the litigants in the case before them." When the issues presented are no longer `live' or when the parties lack a legally cognizable interest in the outcome, a case is moot. Petitioner's only appropriate relief requested was to be released from custody, and since that event has already occurred, the issue is therefore moot (Docket No. 6 at 9). The Court agrees with the Magistrate Judge's findings. This Court hereby adopts the Magistrate Judge's Memorandum and Recommendation and rules that his findings and conclusions are neither clearly erroneous nor contrary to law.

CONCLUSION

Accordingly, the Court ORDERS that the Memorandum and Recommendation be ADOPTED IN ITS ENTIRETY.

It is so ORDERED.


Summaries of

LENG v. GONZALEZ

United States District Court, W.D. Texas, San Antonio Division
Jun 19, 2006
SA-05-CA-1184-RF (W.D. Tex. Jun. 19, 2006)
Case details for

LENG v. GONZALEZ

Case Details

Full title:THOR LENG, Petitioner v. ALBERTO GONZALEZ, Attorney General, MICHAEL…

Court:United States District Court, W.D. Texas, San Antonio Division

Date published: Jun 19, 2006

Citations

SA-05-CA-1184-RF (W.D. Tex. Jun. 19, 2006)