Preste-Pajares v. Doll

Chief Judge Conner

( ) ORDER

AND NOW, this 1st day of July, 2019, upon consideration of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1), wherein petitioner, Clisman Preste-Pajares, challenges the constitutionality of his prolonged detention by the United States Immigration and Customs Enforcement ("ICE"), and this court, in an effort to ascertain the custodial status of petitioner, accessed the ICE Online Detainee Locator System, which revealed that petitioner is no longer in the custody of that agency, which renders the petition moot, see Khodara Envtl., Inc. ex rel. Eagle Envtl., L.P. v. Beckman, 237 F.3d 186, 192-93 (3d Cir. 2001) ("Article III of the Constitution grants the federal courts the power to adjudicate only actual, ongoing cases or controversies."); Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996) ("If developments occur during the course of adjudication that eliminate a plaintiff's personal stake in the outcome of a suit or prevent a court from being able to grant the requested relief, the case must be dismissed as moot."), it is hereby ORDERED that:

1. The petition for writ of habeas corpus (Doc. 1) is DISMISSED as moot.

2. Petitioner's motion (Doc. 2) for appointment of counsel is DISMISSED.

3. The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER

Christopher C. Conner, Chief Judge

United States District Court

Middle District of Pennsylvania