Francisco Ponce De Leon v. Janet Napolitano
Francisco PONCE DE LEON, Petitioner-Appellant, v. Janet NAPOLITANO, Secretary of the Department of Homeland Security; Et Al., Respondents-Appellees
- Proceeding
- appeal
- Trial court
- United States District Court for the Southern District of California
- Trial judge
- Marilyn L. Huff (district judge)
- Outcome
- affirmed — AFFIRMED.
- Area
- civil
- Panel
- Harry Pregerson (author), Carlos T. Bea, Richard R. Clifton
Analysis
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Opinion
FILED NOT FOR PUBLICATION APR 11 2011
MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FRANCISCO PONCE DE LEON, No. 09-56345 Petitioner - Appellant, D.C. No. 3:08-cv-02406-H-RBB v. MEMORANDUM * JANET NAPOLITANO, Secretary of the Department of Homeland Security; et al., Respondents - Appellees.
Appeal from the United States District Court for the Southern District of California Marilyn L. Huff, District Judge, Presiding Argued and Submitted December 6, 2010 Pasadena, California Before: PREGERSON, CLIFTON, and BEA, Circuit Judges.
Petitioner-Appellant, Francisco Ponce de Leon appeals the district court’s order dismissing his 28 U.S.C. § 2241 habeas petition as moot. We affirm.
“For a habeas petition to continue to present a live controversy after the petitioner’s release ... there must be some remaining collateral consequence that * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. may be redressed by success on the petition.” Abdala v. I.N.S., 488 F.3d 1061, 1064 (9th Cir. 2007) (internal quotation marks omitted). Ponce de Leon was released from custody on January 6, 2009, and removal proceedings against him were terminated the next day. On February 11, 2010, Ponce de Leon was issued a certificate of citizenship. Because there is no reason to expect that immigration authorities will disregard his citizenship certificate and detain him again, no collateral consequence of his previous detention remains, and there is therefore no relief left to grant on his petition.
AFFIRMED.