Prince W. v. Secretary of Department of Homeland Security

Background

Prince W., identified in the report as a Liberian national, filed a detention petition challenging his custody while he was awaiting removal from the United States. He represented himself. The respondents argued that his continued detention did not violate due process because there was a substantial likelihood that he would be removed to Liberia in the reasonably foreseeable future.

On August 21, 2019, the respondents informed the court that Prince W. had been removed to Liberia by charter flight on August 13, 2019. They then argued that his petition was moot because he was no longer in any respondent’s custody.

Court’s Analysis

The report applies the constitutional requirement that federal courts decide only actual, ongoing cases or controversies. Because Prince W. had been removed from the United States, the court concluded that it could no longer order the release he requested. The report therefore treated the detention challenge as moot, meaning that no live dispute remained for the court to resolve.

Recommended Disposition

Magistrate Judge Katherine Menendez recommended that the petition be denied as moot and that the action be dismissed. The document states that it is a report and recommendation rather than an order or judgment of the District Court. It also states that a party could file specific written objections within 14 days after being served with the report.