Omer Mohamed v. United States

I. INTRODUCTION

18 Petitioner Omer Mohamed, an inmate at the Federal Correctional 19 Institution in Victorville, California, filed a “Motion to Dismiss Immigration 20 Detainer,” which the Court construed as a Petition for Writ of Habeas Corpus 21 under 28 U.S.C. § 2241. [Dkt. Nos. 1, 3.] Petitioner alleges that on August 1, 22 2018, the Department of Homeland Security (“DHS”) lodged a detainer 23 against him stating “that probable cause exists that he is a removable alien.” 24 [Id. at 1.] He argues that he is not removable because he entered the United 25 States as a minor with his parents, and his parents both became naturalized 26 citizens before his eighteenth birthday. He asks the Court to dismiss the 27 immigration detainer. [Id at 2, 3.] 28 The Court ordered the government to respond. On June 11, 2020, the government filed a notice stating that the detainer has been withdrawn. Specifically, the government stated that on June 9, 2020, DHS cancelled the immigration detainer, which was originally issued in August 2018, and there are no outstanding immigration detainers related to Petitioner. [See Dkt. No. 11-1, Declaration of Brian Peterson at ¶…