SANCHEZ OCHOA v. CAMPBELL (2018)

United States Court of Appeals, Ninth Circuit.

Antonio SANCHEZ OCHOA, Plaintiff-Appellee, v. Ed W. CAMPBELL, Director of Yakima County Department of Corrections; Scott Himes, Chief of the Yakima County Department of Corrections; Yakima County, Defendants-Appellants.

No. 17-35679

Decided: March 30, 2018

Before: RAWLINSON and CLIFTON, Circuit Judges, and FREUDENTHAL,* Chief District Judge.

Matt Adams, Attorney, Glenda Melinda Aldana Madrid, Leila Kang, Northwest Immigrant Rights Project, Seattle, WA, Bernardo Rafael Cruz, Lori Jordan Isley, Attorney, Columbia Legal Services, Yakima, WA, for Plaintiff-Appellee Quinn N. Plant, Attorney, Kenneth W. Harper, Attorney, Menke Jackson Beyer, LLP, Yakima, WA, for Defendants-Appellants Erez Reuveni, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Scott Grant Stewart, DOJ—U.S. Department of Justice, Washington, DC, for Amicus Curiae United States of America La Rond Baker, Washington State Attorney General's Office, Seattle, WA, for Amicus Curiae State of Washington Jennifer K. Chung, Davis Wright Tremaine LLP, Seattle, WA, for Amici Curiae American Civil Liberties Union of Washington, Washington Defender Association Katherine Melloy Goettel, Trial Attorney, National Immigrant Justice Center, Chicago, IL, Christopher N. Lasch, Evergreen, CO, for Amici Curiae Law Professors, Immigration-focused Civil Rights Organizations

MEMORANDUM **

Defendants-Appellants Ed W. Campbell, Scott Himes, and Yakima County (collectively, the County) appeal the district court's order granting Plaintiff-Appellee Antonio Sanchez Ochoa's (Sanchez Ochoa) request for a temporary restraining order (TRO). The TRO required that the County: remove a notation from its online jail roster indicating that Sanchez Ochoa was being detained pursuant to an immigration hold; physically release Sanchez Ochoa should he post bond on his state charges; and refrain from relying on an administrative warrant to hold or otherwise communicate to third parties that Sanchez Ochoa was being held due to his immigration status. Reviewing subject matter jurisdiction de novo, including questions of mootness, we dismiss the case as moot and vacate the TRO. See Diaz v. First Am. Home Buyers Prot. Corp., 732 F.3d 948, 951 (9th Cir. 2013) (citation omitted).

Following the district court's entry of the TRO, Sanchez Ochoa posted bond and left the Yakima County Jail. Outside the jail, federal immigration authorities apprehended Sanchez Ochoa and took him into custody.

At oral argument, plaintiff's counsel represented to the Court that Sanchez Ochoa has been deported, and the state criminal charges have been resolved. These factual circumstances have removed any actual or live controversy between the parties, as enforcement of the TRO can no longer provide Sanchez Ochoa any relief. Thus, this appeal has been rendered moot. See Bishop Paiute Tribe v. Inyo Cty., 863 F.3d 1144, 1155 (9th Cir. 2017).

APPEAL DISMISSED. INJUNCTION (TEMPORARY RESTRAINING ORDER) VACATED.

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