Hamidullah HABIBI, Petitioner-Appellant, v. William P. BARR, Attorney General; et al., Respondents-Appellees.
Decided: November 18, 2020
Before: CHRISTEN and WATFORD, Circuit Judges, and ROSENTHAL,** District Judge.
Christopher Paul Kailani Medeiros, ABA Immigration Justice Project, San Diego, CA, for Petitioner - Appellant Andrew Nathan O'Malley, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondents - Appellees
Hamidullah Habibi timely appeals from the district court's dismissal of his amended petition for habeas corpus. Because the appeal has become moot, we dismiss it for lack of jurisdiction. Gator.com Corp. v. L.L. Bean, Inc., 398 F.3d 1125, 1128–29 (9th Cir. 2005) (en banc).
Habibi was released from immigration detention while this appeal was pending. Habibi's amended petition sought his release from detention or a new bond hearing. The petition “raised claims that were fully resolved by [his] release from custody,” and the “successful resolution of [his] pending claims could no longer provide [his] requested relief.” Abdala v. I.N.S., 488 F.3d 1061, 1065 (9th Cir. 2007).
Habibi asserts no “collateral consequences” that keeps his case alive, id. at 1064, and the “capable of repetition, yet evading review” exception does not apply, Protectmarriage.com-Yes on 8 v. Bowen, 752 F.3d 827, 836 (9th Cir. 2014). Habibi's appeal does not present an “exceptional situation,” and it is not part of a “class[ ] of cases that, absent an exception, would always evade judicial review.” Id. at 836–37 (emphasis in original). Habibi's appeal presents no “live controversy,” and further action on it would be outside this court's “constitutional purview.” Gator.com Corp., 398 F.3d at 1128–29.
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