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Escobar-Hernandez v. Barr

Alien's Deportation Moots Habeas Corpus Petition; Live Controversy No Longer Presented

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MEMORANDUM OPINION & ORDER On November 18, 2020, Willy Alonso Escobar-Hernandez (“Petitioner”) filed a petition for a writ of habeas corpus, asserting that his constitutional rights were violated in connection with his arrest and detention by the immigration authorities. See Dkt. 1 (Petition). That same day, Petitioner was deported to Guatemala. See Dkt. 17-1 at 2 (Warrant of Removal/Deportation). Before the Court is the Government’s motion to dismiss the petition as moot, arguing that in light of Petitioner’s removal from the United States, his challenge to his detention no longer presents a live case or controversy. See Dkt. 17, 24. For the following reasons, the petition is dismissed. BACKGROUND Petitioner is a citizen of Guatemala who entered the United States around 2007 on a nonimmigrant temporary worker visa. Petition

8, 14, 15; see also Dkt. 25, Declaration of Deportation Officer Leonel F. Paulino (“Paulino Decl.”), 4. Although his authorization to remain in the United States expired on Dec. 30, 2007, he remained in the country. Paulino Decl. 4. Petitioner was subsequently convicted under New York law of petit larceny and driving while intoxicated. Id. 5. In July 2009, U.S. Immigration and Customs Enforcement (“ICE”) initiated removal proceedings against Petitioner, charging him as removable for (a) having overstayed his visa; and (b) for having been convicted of a crime involving moral turpitude. Id. 6; Petition 16. In May 2014, an Immigration Judge (“IJ”) denied Petitioner’s application for asylum and withholding of removal, but granted him voluntary departure. Petitioner appealed, and the Board of Immigration Appeals (“BIA”) remanded because the IJ failed to properly instruct Petitioner regarding voluntary departure. Petition

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