Mohammad Nadeem v. Phillip Crawford

MEMORANDUM

Mohammad Nadeem appeals from the district court’s decision denying his petition for habeas corpus under 28 U.S.C. § 2241. We have jurisdiction under 28 U.S.C. § 2258 (a). We review de novo the district court’s denial of a petition for ha-beas corpus, Pelich v. INS, 329 F.3d 1057, 1058 (9th Cir.2003), and we vacate and remand.

Nadeem’s release subject to an order of supervision does not render his habeas petition moot where his release may be revoked at any time in the exercise of discretion, see 8 C.F.R. § 241.4 (1)(2)(i), and is contingent on electronic monitoring, scheduled and unscheduled meetings with a detention officer, and a curfew. See Rodriguez v. Hayes, 591 F.3d 1105, 1117-18 (9th Cir.2010).

The district court determined that Na-deem’s continued detention was authorized by 8 U.S.C. § 1231 (a)(1)(C). However, the district court did not have the benefit of our recent decision in Owino v. Napolitano, 575 F.3d 952, 955 (9th Cir.2009), requiring an evidentiary hearing where there is a factual dispute regarding the likelihood an alien will be removed. We therefore vacate the district judge’s order and remand for an evidentiary hearing regarding whether Nadeem…