Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Escobar-Hernandez v. Barr

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›
Associate General Counsel

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements