Mutzutz Sutuj v. Current or Acting Field Office Director

Good Law
United States District Court, Northern District of CaliforniaMarch 11, 20241:23-cv-05455California244 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION 7 JORGE ADABERTO MUTZUTZ SUTUJ, Case No. 23-cv-05455-RMI Plaintiff, y ORDER RE: MOTION TO DISMISS Re: Dkt. No. 9 CURRENT OR ACTING FIELD OFFICE

DIRECTOR,

a 12 Defendant.

v Petitioner filed a Petition for Writ of Habeas Corpus (dkt. 1), through which he requested a © || bond hearing during the pendency of his immigration removal proceedings. Several weeks later, Q 16 || “Petitioner was legally removed from the United States to Guatemala and his removal from the

= || United States was verified by a DHS official who witnessed the removal.” Resp.’s Mot. (dkt. 9) at

18 || 4. Deportation after filing a habeas petition does not always moot a petitioner’s claim. See Abdala || v. INS, 488 F.3d 1061, 1063-1064 (9th Cir. 2007). “For a habeas petition to continue to present a 20 || live controversy after the petitioner’s release or deportation, however, there must be some || remaining…

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