Dolores De Gomez v. Loretta E. Lynch

MEMORANDUM

Guillermo Gomez-Sanchez (“Gomez”), by and through his mother and next friend Dolores Sanchez De Gomez, appeals the district court’s order dismissing as moot . Gomez’s petition for writ of habeas corpus; We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Gomez is no longer in immigration detention and the government has offered assurances through a supplemental declaration from San Diego ICE Assistant Field Office Director Scott C. Hamelin (“Hame-lin Declaration”) that Gomez will not be re-detained. Release from custody does not necessarily render a habeas petition moot. See Rodriguez v. Hayes, 591 F.3d 1105, 1117-18 (9th Cir.2010). Here, however, the government may terminate Gomez’s release only in the three narrow circumstances identified in the Hamelin Declaration: (1) Gomez violates the terms of his release; (2) a final order of removal is issued against him; or (3) ICE is required by law to re-detain him. Pursuant to the Hamelin Declaration, the government “is not free to avoid the boundaries of its commitment by invoking section [8 U.S.C. § ] 1226(c) in this case.”

We are satisfied with the government’s assurances that it will not, under any other…