BETH BLOOM UNITED STATES DISTRICT JUDGE
Counsel of Record
Job Dorrielan
Krome Service Processing Center
Inmate Mail/Parcels
PRO SE
ORDER
BETH BLOOM UNITED STATES DISTRICT JUDGE
THIS CAUSE is before the Court on Petitioner Job Dorrielan's motion for release, ECF No. [18], filed on January 27, 2023. Therein, Petitioner argues that he is entitled to immediate release from custody under the preliminary injunction issued in Fraihat v. U.S. Immigr. & Customs Enf't, 445 F.Supp.3d 709, 718 (C.D. Cal. 2020), order clarified, No. EDCV191546JGBSHKX, 2020 WL 6541994 (C.D. Cal. Oct. 7, 2020), and rev'd and remanded, 16 F.4th 613 (9th Cir. 2021).
Even if the Court has subject matter jurisdiction over this action, the Ninth Circuit Court of Appeals vacated the preliminary injunction issued in Fraihat and directed that all orders premised on it be vacated. Avdulahaj v. Warden of Krome Processing Ctr., No. CV 21-23497, 2022 WL 17851633, at *2 (S.D. Fla. Apr. 7, 2022) (citing Fraihat v. U.S. Immigration and Customs Enforcement, 16 F.4th 613, 619 (9th Cir. 2021)). Thus, Petitioner is not entitled to relief on these grounds.
Respondents contend that this Court lacks subject matter jurisdiction over this action because a sixmonth custodial period following an order of removal has not elapsed prior to the filing of the habeas petition in this case. ECF No. [19] (citing Fahim v. Ashcroft, 227 F.Supp.2d 1359, 1363 (N.D.Ga. 2002)).
Accordingly, it is ORDERED AND ADJUDGED that Petitioner's Motion for Release, ECF No. [18], is DENIED.
DONE AND ORDERED.