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Habeas Corpus - Alien Detainee | California Eastern
Minute Order ~Util - Terminate Civil Case Order on Motion to Dismiss
MINUTE ORDER signed by District Judge Noel Wise on 7/30/2026: The Court GRANTS Respondents' Motion to Dismiss (ECF No. 7 ) and dismisses the instant petition as moot. Petitioner was removed from the United States on June 30, 2026—approximately one week before the Court received and docketed the instant petition. Id. at 1. "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). "By contrast, where the grounds for habeas relief will not redress collateral consequences, a habeas petition does not continue to present a live controversy once the petitioner is released from custody." Id.
Petitioner's deadline to oppose the Motion to Dismiss through appointed counsel was July 28, 2026. As Petitioner did not file a response, the Court concludes that the petition does not present any collateral consequences that could be redressed by the Court's ruling on the petition. See L.R. 230(c) ("failure to file a timely opposition may also be construed by the Court as a nonopposition to the motion"). The Clerk of the Court is directed to close this case. (Text Only Entry) (CASE CLOSED) (Thomas, Julia)
Reply
REPLY by Ernest Milord re 6 Answer to Petition for Writ of Habeas Corpus,. (Hennessy, Timothy)
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