AG v. Decker
- Nelson Roman
- 7:19-cv-09535
- U.S. District Court · Southern District of New York
- 2
In AG v. Decker, Judge Roman dismissed the detention petition as moot after AG was released from custody.
Ousamane AG, who sought release from immigration custody or a bond hearing, was affected by the dismissal after his release made the petition moot.
What happened
In AG v. Decker, Ousamane AG, representing himself, asked the court for release from immigration custody or a bond hearing. He alleged that his prolonged detention violated due process.
The government reported that AG had been released in December 2019. Because he was no longer in custody, the court found that a decision ordering his release could not remedy an ongoing injury.
Judge Nelson S. Roman dismissed the petition as moot and directed the clerk to close the proceeding and mail AG a copy of the order.
The detailed version
- AG v. Decker · No. 7:19-cv-09535
- Nelson Roman
- Feb. 27, 2020
Background
Ousamane AG, proceeding without a lawyer, filed a petition under 28 U.S.C. § 2241 against Thomas Decker, identified in the opinion as the Field Office Director for U.S. Immigration and Customs Enforcement. AG sought release from custody or a bond hearing. He alleged that he was a lawful permanent resident, had been detained since September 29, 2016, and had been denied due process, including because of prolonged detention.
Respondent’s Position
The respondent informed the court by letter dated December 20, 2019, that AG had been released from custody that month. The respondent argued that the release made the petition moot and required dismissal.
Court’s Analysis
The court explained that the Constitution requires an actual injury that a favorable judicial decision is likely to remedy throughout the litigation. AG’s requested relief concerned his release from detention. Because AG was no longer in custody, the court found that no actual injury remained that a favorable decision could remedy.
Disposition
Judge Nelson S. Roman ruled that the petition was moot and dismissed it. The order did not state that the dismissal was with or without prejudice. The clerk was directed to terminate the proceeding, mail AG a copy of the order at his last known address, and record proof of mailing on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.