IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BLUEFIELD DIVISION

JERDIN O. YANES,

Petitioner, Case No. 1:23-cv-00175 v. consolidated with Case No. 1:23-cv-00158

WARDEN, FCI MCDOWELL,

Respondent.

PROPOSED FINDINGS AND RECOMMENDATION Pending before the court are Petitioner’s Petitions for a Writ of Habeas Corpus pursuant to

(ECF No. 1 in each civil action) and Respondent’s Motion to Dismiss (ECF No. 10), asserting that Petitioner’s petitions are moot. This matter is assigned to the Honorable David A. Faber, Senior United States District Judge, and it is referred to the undersigned United States Magistrate Judge for submission of proposed findings and a recommendation for disposition, pursuant to

(b)(1)(B). FACTUAL BACKGROUND AND PROCEDURAL HISTORY While incarcerated at FCI McDowell in Welch, West Virginia, Petitioner filed two related § 2241 petitions seeking an order from the Department of Homeland Security to vacate his final order of removal to allow application of federal earned time credits (“FTC”) under the First Step Act of 2018 (“FSA”). (See ECF No. 1 in each civil action). However, on December 15, 2023, following briefing of the petitions, in which Respondent asserted that Petitioner was not eligible for application of FTC credit due to his final order of removal and that this court lacked jurisdiction to consider a challenge to an ICE detainer, Petitioner was released from Federal Bureau of Prisons’ (“BOP”) custody. Thus, Respondent filed the instant Motion to Dismiss Petition (ECF No. 10) asserting that Petitioner’s § 2241 petitions are now moot. The undersigned agrees. ANALYSIS The United States Constitution limits the jurisdiction of federal courts to actual

cases or controversies that are present at all stages of review. U. S. Const., art. III, § 2; Honig v. Doe,

(1988); Lewis v. Continental Bank Corp.,

(1990). When a case or controversy no longer exists, the claim is said to be “moot.” In the context of habeas corpus, a case is rendered moot when the inmate has been released from the custody being challenged, without collateral consequences, and the court can no longer remedy the inmate’s grievance. See, e.g., Spencer v. Kemna,

(1998); Alston v. Adams,

,

(4th Cir. 2007); Alvarez v. Conley,

,

(4th Cir. 2005); Smithhart v. Gutierrez, No. 3:06-cv-11,

(N.D.W. Va. 2007). As noted above, Petitioner has been released from BOP custody without any collateral consequences related to his claims; thus, this federal court is no longer able to

grant his requested relief. Therefore, the undersigned proposes that the presiding District Judge FIND that Petitioner’s § 2241 petition is now moot due to his release from BOP custody without collateral consequences. Accordingly, it is respectfully RECOMMENDED that the presiding District Judge GRANT Respondent’s Motion to Dismiss (ECF No. 10), DENY AS MOOT Petitioner’s Petitions for a Writ of Habeas Corpus pursuant to

(ECF No. 1 in each civil action), and dismiss both civil actions from the docket of the court. 2 The parties are notified that this Proposed Findings and Recommendation is hereby FILED, and a copy will be submitted to the Honorable David A. Faber, Senior United States District Judge. Pursuant to the provisions of Title

(b)(1)(B), Rules 6(d) and 72(b), Federal Rules of Civil Procedure, and Rules 1(b) and 8(b) of the Rules Governing Proceedings in the United States District Courts Under Section 2254 of Title 28, United States Code, the parties shall have fourteen days (filing of objections) and then three days (service/mailing) from the date of filing this Proposed Findings and Recommendation within which to file with the Clerk of this Court, specific written objections, identifying the portions of the Proposed Findings and Recommendation to which objection is made, and the basis of such objection. Extension of this time period may be granted by the presiding District Judge for good cause shown. Failure to file written objections as set forth above shall constitute a waiver of de novo review by the District Court and a waiver of appellate review by the Circuit Court of Appeals. Snyder v. Ridenour,

(4th Cir. 1989); Thomas v. Arn,

(1985); Wright v. Collins,

(4th Cir. 1985); United States v. Schronce,

(4th Cir. 1984). Copies of such objections shall be served on Judge Faber. The Clerk is directed to file this Proposed Findings and Recommendation and to mail a copy of the same to Petitioner at his last known address.

August 27, 2024 / WA ro C BN LO Dwane L. Tinsley ~.. United States Magistrate Judge