United States v. Ali Albwul

MEMORANDUM

Ali Agllah Albwul (“Albwul”), a native and citizen of Jordan, appeals the district court’s denial of his motion to vacate, set aside, or correct a sentence by a person in federal custody pursuant to 28 U.S.C. § 2255 . Because Albwul was removed from the United States to Jordan on May 13, 2010, he is no longer “in federal custody” and his § 2255 motion is moot.

“Immigrants who have already been removed ... do not satisfy the ‘in custody’ requirement of habeas corpus jurisdiction.” Miranda v. Reno, 238 F.3d 1156, 1159 (9th Cir.2001). But if an alien files a habeas petition prior to his removal from the United States, his subsequent removal does not moot the case if there are “collateral consequences arising from the deportation that create concrete legal disadvantages.” Zegarra-Gomez v. INS, 314 F.3d 1124, 1125 (9th Cir.2003). Still, “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.” Abdala v. INS, 488 F.3d 1061, 1064 (9th Cir.2007).

Though Albwul filed his § 2255 habeas petition prior to his removal to Jordan, the relief he…