Milaudi Karboau v. Ice Field Office Director

MEMORANDUM

Milaudi Karboau appeals pro se from the district court’s final judgment dismissing with prejudice his 28 U.S.C. § 2241 habeas petition challenging his immigration detention and bond. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s decision to dismiss a habeas petition for lack of subject-matter jurisdiction, mootness, or failure to state a claim upon which relief can be granted. Martinez v. Napolitano, 704 F.3d 620, 621-22 (9th Cir.2012) (lack of subject-matter jurisdiction); Ibrahim v. Dep’t of Homeland Sec., 669 F.3d 983, 992 (9th Cir.2012) (failure to state a claim); Abdala v. INS, 488 F.3d 1061 , 1063 n. 1 (9th Cir.2007) (mootness). We affirm.

The district court correctly determined that Karboau’s challenge to the basis for his immigration detention and request for a custody-redetermination hearing were moot because an immigration judge had granted Karboau release from custody on the condition of bond following a custody-redetermination hearing. See Flores-Torres v. Mukasey, 548 F.3d 708 , 710 & n. 3 (9th Cir.2008) (dismissing as moot a challenge to immigration detention without a custody-redetermination hearing because the alien…