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Roa v. Napolitano

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


October 22, 2009

NORMA ROA, PETITIONER,
v.
JANET NAPOLITANO, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Hon. Thomas J. Whelan United States District Judge

ORDER DISMISSING PETITION AS MOOT

On July 30, 3009, Petitioner Norma Roa filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner challenges her continued detention on the grounds that it violates her Fifth Amendment due process rights. (See Doc. No. 1, p.5.)

On October 8, 2009, Respondents notified the Court that Petitioner was released from custody on or about October 1, 2009. (See Doc. No. 10-1, ¶ 3.) Respondents, therefore, argue that the case is moot and should be dismissed. To date, Petitioner has not filed a response to Respondents' notice, and thus Petitioner has not opposed the request for dismissal.

Attached to Respondents' notice is a copy of the Order of Release on Recognizance (Doc. No. 10-2), which was signed by Petitioner on October 1, 2009. Because the evidence before the Court establishes that Petitioner was released from custody, the Court finds that the petition is moot, and thus orders this case DISMISSED.

IT IS SO ORDERED.

20091022

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