LUNA FLORES v. DEPARTMENT OF HOMELAND SECURITY DHS CIS ICE CBP EOIR (2020)
United States Court of Appeals, Ninth Circuit.
Cesar Jacobo LUNA-FLORES; Jose Antonio Jacobo Luna-Lopez; Maria Del Carmen Flores-Castillo; Melva Eliu Bravo-Morales; et al., Petitioners-Appellants, v. U.S. DEPARTMENT OF HOMELAND SECURITY; United States Citizenship and Immigration Services; Immigration and Customs Enforcement; U.S. Customs and Border Protection; Executive Office for Immigration Review; Chad F. Wolf, in his official capacity as Secretary of DHS; L. Francis Cissna, in his official capacity as Director of CIS; Tony H. Pham, in his official capacity as Acting Director of ICE; Rodney Scott, in his official capacity as Chief Border Patrol Agent for CBP; William P. Barr, Attorney General; James McHenry, his official capacity as Director of the Executive Office for Immigration Review (EOIR), Respondents-Appellees.
Decided: December 08, 2020
Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.
Bernal Peter Ojeda, Esquire, Attorney, Law Offices of Bernal Peter Ojeda, Westlake Village, CA, for Petitioners - Appellants Samuel William Bettwy, Assistant U.S. Attorney, Office of the US Attorney, San Diego, CA, for Respondents - Appellees
Cesar Jacobo Luna-Flores and ten family members appeal from the district court's judgment dismissing their 28 U.S.C. § 2241 habeas corpus petition. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We review de novo, Zavala v. Ives, 785 F.3d 367, 370 (9th Cir. 2015), and we affirm.
The district court did not err in determining that petitioners’ habeas corpus petition was moot, where petitioners were no longer in custody and conceded they were seeking an advisory opinion. See Abdala v. INS, 488 F.3d 1061, 1063-64 (9th Cir. 2007) (a habeas petition becomes moot if there is no longer a case or controversy following petitioner's release from custody). The record does not support petitioners’ contention that collateral consequences create a live controversy. See id. at 1064 (“[W]here the grounds for habeas relief will not redress collateral consequences, a habeas petition does not continue to present a live controversy once the petitioner is released from custody.”).
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