Singh v. United States Immigration and Customs Enforcement Field Office Director

4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMA HARBANS SINGH, Case No. 2:24-cv-00705-RSL-TLF 7 Petitioner, v. ORDER DIRECTING PARTIES TO 8 PROVIDE STATUS UPDATE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT FIELD OFFICE DIRECTOR, Respondent.

12 This is a federal immigration habeas corpus action filed pursuant to 28 U.S.C. § 13 2241. Currently pending before the Court is the Respondent’s motion to dismiss Petitioner’s petition for writ of habeas corpus. Dkts. 1, 6. The Respondent has indicated that Petitioner is detained under 8 U.S.C. § 1231 which governs the detention and release of noncitizens who have been ordered removed. Dkt. 6.

17 The Respondent describes the efforts it has made to effectuate Petitioner’s removal to India and argues that the 6-month presumptively reasonable period necessary for U.S. Immigration and Customs Enforcement (ICE) to effectuate Petitioner’s removal has not yet expired. Id. Petitioner filed an opposition to the Respondent’s motion and argues, in part, that he is not likely to be removed in the reasonably foreseeable future. Dkt. 10.

1 The Court has reviewed ICE’s Online Detainee Locator System and takes judicial notice of it pursuant to Rule 201 of the Federal Rules of Evidence.1 No record of Petitioner appears in this system – indicating that petitioner may no longer be detained.

4 If this is the case, it appears the petition may be rendered moot. Furthermore, if this record is incorrect and Petitioner remains detained, the Court notes that the six month presumptively reasonable period for detention under 8 U.S.C. §1231 recently expired on August 23, 2024.

8 Accordingly, the parties are directed to provide an update regarding Petitioner’s detention status not later than September 16, 2024. If Petitioner is no longer detained, and has either been released or removed, the parties should address whether this renders the petition moot. If Petitioner remains detained, the parties should provide an update regarding the status of Petitioner’s removal including the status of any travel documents.

14 // // // See Online Detainee Locator System, search (ice.gov) (search performed both with petitioner’s A-number and “Search by Biographical Information” for name “Harbans Singh” and country of birth “India”) (last searched August 26, 2024); see also Arutyunovich v. Valinken, No. 1:19-CV-01701, 2020 WL 1332495, at *1 (E.D. Cal. Mar.

21 23, 2020) (taking judicial notice of ICE Online Detainee Locator System); Ahadpour v. Whitaker, No. 1:19-CV-00215, 2019 WL 6210572, at *1 (E.D. Cal. Nov. 21, 2019) (same); Daniel v. Att'y Gen., No. 19-62918, 2020 WL 13548073, at *1 (S.D. Fla. Jan.

13, 2020), report and recommendation adopted sub nom. Daniel v. Att'y Gen. of United States, 2020 WL 13548075 (S.D. Fla. Feb. 5, 2020) (same).

1 The Clerk is directed to RE-NOTE the Respondent’s motion to dismiss (Dkt. 6) for September 16, 2024, and to send copies of this order to the parties and to the Honorable Robert S. Lasnik.

4 Dated this 26th day of August, 2024.

A Theresa L. Fricke 8 United States Magistrate Judge