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Monroy v. Holder

United States District Court, Third Circuit

November 26, 2013

JAVIER ALVAREZ MONROY, Petitioner,
v.
ERIC H. HOLDER, et al., Respondents.

OPINION

STANLEY R. CHESLER, District Judge.

This matter comes before the Court upon Petitioner's filing of a § 2241 petition ("Petition") and submission of the filing fee. See ECF No. 1. Since, at the time of Petitioner's commencement of this matter, Petitioner was subject to a final order of removal, the Petition challenged Petitioner's detention under the removal-period statute, 8 U.S.C. § 1231(a), and Zadvydas v. Davis , 533 U.S. 678 (2001). See ECF No. 1. However, on November 1, 2013, the Clerk received a letter from Petitioner informing the Court that, after this matter had been commenced, the Court of Appeals for the Second Circuit, granted Petitioner's motion for stay of removal. See ECF No. 15; see also Alvarez-Monroy v. Holder, USCA No. 12-2749, ECF dated Oct. 10, 2013 (2d Cir., filed July 12, 2012). Thus, Petitioner's order of removal is no longer final. See 8 U.S.C. § 1231(a).

Since the factual predicate supporting Petitioner's § 1231 and Zadvydas challenges is no longer present, there is no longer a live "case or controversy" regarding the claim he raised here. See U.S. Constitution, Article III. Therefore, that claim should be dismissed as moot. See Rodney v. Mukasey , 340 F.App'x 761 (3d Cir. 2009); De La Teja v. United States , 321 F.3d 1357, 1361-63 (11th Cir. 2003); Reyna v. Hendricks, Civil No. 12-2665, 2012 U.S. Dist. LEXIS 181461, 2012 WL 6697464 (D.N.J. Dec. 21, 2012).[1]

An appropriate Order follows.


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