Francisco Ponce De Leon v. Janet Napolitano
Francisco Ponce De Leon v. Janet Napolitano
Opinion
MEMORANDUM *
Petitioner-Appellant, Francisco Ponce de Leon appeals the district court’s order dismissing his 28 U.S.C. § 2241 habeas petition as moot. We affirm.
“For a habeas petition to continue to present a live controversy after the petitioner’s release ... there must be some remaining collateral consequence that may be redressed by success on the petition.” Abdala v. I.N.S., 488 F.3d 1061, 1064 (9th Cir. 2007) (internal quotation marks omitted). Ponce de Leon was released from custody on January 6, 2009, and removal proceedings against him were terminated the next day. On February 11, 2010, Ponce de Leon was issued a certificate of citizenship. Because there is no reason to expect that immigration authorities will disregard his citizenship certificate and detain him again, no collateral consequence of his previous detention remains, and there is therefore no relief left to grant on his petition.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.