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D. Minn.Procedural orderFiled Oct. 8, 2019

Mohamed D. v. Secretary Homeland Security

Judge
Wilhelmina Wright
Docket
0:19-cv-00325
Court
U.S. District Court · District of Minnesota
Pages
2
HabeasImmigrationCivil Procedure
In one sentence

In Mohamed D. v. Secretary Homeland Security, Judge Wright denied Mohamed D.’s detention petition as moot after ICE released him.

Who this affects

Mohamed D.’s petition ended because he was released from ICE custody; the action was dismissed without prejudice, and the respondents were no longer required to litigate the release request in this action.

What happened

Mohamed D. v. Secretary Homeland Security concerned Mohamed D.’s petition seeking release from Immigration and Customs Enforcement custody.

The court found the petition moot because Mohamed D. had been released from ICE custody on May 3, 2019. No one objected to the magistrate judge’s recommendation.

Judge Wright adopted the recommendation, denied the petition as moot, and dismissed the action without prejudice.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Mohamed D. v. Secretary Homeland Security · No. 0:19-cv-00325
Judge
Wilhelmina Wright
Date
Oct. 8, 2019

Background

Mohamed D. filed a petition under 28 U.S.C. § 2241, a procedure used to challenge a person’s custody and seek release. The petition sought his release from the custody of Immigration and Customs Enforcement. Magistrate Judge Tony N. Leung recommended denying the petition as moot.

Court’s Analysis

No party filed a timely objection to the magistrate judge’s report and recommendation. The district court therefore reviewed the recommendation for clear error, meaning an obvious mistake apparent from the record. The court found no clear error in the conclusion that the petition became moot after Mohamed D. was released from ICE custody on May 3, 2019.

Disposition

The court adopted the September 16, 2019 report and recommendation, denied Mohamed D.’s petition as moot, and dismissed the action without prejudice. The court ordered judgment to be entered accordingly. The order was issued by United States District Judge Wilhelmina M. Wright.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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