Gonzalez Diaz v. Warden, Orange County Correctional Center
- Edgardo Ramos
- 1:22-cv-03400
- U.S. District Court · Southern District of New York
- 2
Gonzalez Diaz v. Warden: Judge Ramos dismissed the detention challenge as moot after the immigration appeal was denied.
Angel Emilio Gonzalez Diaz, who was detained by Immigration and Customs Enforcement during removal proceedings; the order also directed the case against the Warden of Orange County Correctional Center and Immigration and Customs Enforcement to be closed.
What happened
In Gonzalez Diaz v. Warden, Orange County Correctional Center, Angel Emilio Gonzalez Diaz challenged his continued detention by Immigration and Customs Enforcement while he was in removal proceedings.
He asked the court to release him and stop his deportation. After the immigration agency denied his motion to end removal and the Board of Immigration Appeals dismissed his appeal, the court determined that he would be removed and that his petition was moot.
Judge Ramos dismissed the petition as moot and directed the Clerk of Court to terminate the petition and close the case.
The detailed version
- Gonzalez Diaz v. Warden, Orange County Correctional Center · No. 1:22-cv-03400
- Edgardo Ramos
- Dec. 13, 2022
Background
Angel Emilio Gonzalez Diaz filed a petition under 28 U.S.C. § 2241 challenging his prolonged detention and alleging a due-process violation. At the time, Immigration and Customs Enforcement (ICE) held him at the Orange County Correctional Center in Goshen, New York. He was detained under 8 U.S.C. § 1226 while removal proceedings were ongoing.
In late August 2021, ICE took custody of Gonzalez Diaz and reinstated a prior removal order to carry out his removal. Gonzalez Diaz then expressed fear of returning to the Dominican Republic and was placed in limited, withholding-only proceedings. His petition asked the court to release him and stop his deportation.
Immigration Proceedings
On April 27, 2022, the Executive Office for Immigration Review denied Gonzalez Diaz’s motion to terminate his removal. He appealed to the Board of Immigration Appeals, which dismissed the appeal on November 9, 2022.
Ruling
The court concluded that Gonzalez Diaz would be removed and that his petition was therefore moot, meaning the court could no longer provide the requested relief. Judge Edgardo Ramos dismissed the petition as moot. The Clerk of Court was directed to terminate the petition and close the case.
Disposition
The petition was dismissed as moot. The order did not state that the dismissal was with or without prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.