Thay v. Nielsen

1 Citing case

  1. Ashqar v. Larose

    Case No. 4:18 CV 1141 (N.D. Ohio Mar. 26, 2019)   Cited 1 times

    In accord with judges in another district court to repeatedly consider this issue, the undersigned recommends the Court find the voluntary cessation exception to mootness inapplicable in these circumstances. See Danh Thay v. Nielsen, 2018 WL 3979684, at *3 (D. Minn.) ("[I]f Petitioner were to be brought back into custody, it would be under a new set of circumstances and facts, and [it] would be impossible for the government to repeat the same unlawful conduct that [Petitioner] challenged, and thus this case does not fall into the voluntary-cessation exception to the mootness doctrine.") (internal quotation and citation omitted) report and recommendation adopted sub nom. Thay v. Nielsen, 2018 WL 3978123; Mohamed v. Sessions, 2017 WL 4417706, at *6 (D. Minn.) ("In the absence of evidence suggesting that a detention of Mohamed on similar facts is reasonably likely to occur again, this Court cannot find that the voluntary-cessation exception applies.")