Santos v. Orange County Correctional Facility
- Jesse Furman
- 1:21-cv-01759
- U.S. District Court · Southern District of New York
- 1
In Santos v. Orange County Correctional Facility, Judge Furman dismissed Santos’s detention petition as moot after his deportation.
Anyelos Angeles Santos’s federal detention petition was dismissed after his deportation; the respondents obtained dismissal, and the case was closed.
What happened
In Santos v. Orange County Correctional Facility, Anyelos Angeles Santos sought release from immigration detention and an order stopping his removal under a federal detention law.
The court granted the respondents’ request to dismiss because Santos had been deported. His requests for release and a stay of removal were therefore moot because he was no longer detained and had already been removed.
Judge Jesse M. Furman ruled that no certificate allowing an appeal would issue, denied permission to appeal without paying filing fees, and directed the Clerk of Court to close the case.
The detailed version
- Santos v. Orange County Correctional Facility · No. 1:21-cv-01759
- Jesse Furman
- Mar. 17, 2021
Background
Anyelos Angeles Santos filed a petition under 28 U.S.C. § 2241, a federal law allowing a person to challenge certain forms of detention. He sought release from immigration detention and an injunction, meaning a court order, blocking his removal. The respondents informed the court that Santos had been deported and asked that the case be dismissed as moot.
Ruling
The court granted the respondents’ request. It held that Santos’s request for release was moot because he was no longer in immigration custody, and that his request to stop his removal was moot because he had already been deported. The petition was therefore dismissed. The opinion did not decide whether Santos’s detention or removal was legally proper.
Appeal and Case Status
The court stated that Santos had not made the required substantial showing that a constitutional right had been denied, so a certificate of appealability would not issue at that time. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The Clerk of Court was directed to close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.