Yasir Mehmood v. United States Attorney General

Case: 19-10527 Date Filed: 04/07/2020 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-10527 ________________________ D.C. Docket No. 1:18-cv-21095-RNS YASIR MEHMOOD, Petitioner - Appellant, versus UNITED STATES ATTORNEY GENERAL, in his official capacity, WARDEN, (OIC), Krome SPC, A.F.O.D. ICE-DHS, Respondents - Appellees. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (April 7, 2020) Before ROSENBAUM, JILL PRYOR, and BRANCH, Circuit Judges. PER CURIAM: Case: 19-10527 Date Filed: 04/07/2020 Page: 2 of 8 In this immigration case, Yasir Mehmood appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. That petition claims, as relevant here, that Mehmood’s prolonged pre-final-removal-order detention, pursuant to 8 U.S.C. § 1226(c), without a bond hearing violates the Due Process Clause of the United States Constitution. As explained below, because Mehmood has been removed from the United States and is no longer detained by the United States government, this Court’s and the Supreme Court’s binding precedent require us to dismiss Mehmood’s appeal as moot. Mehmood, a native and citizen of Pakistan, was transferred from criminal custody to the custody of Immigration and Customs Enforcement (“ICE”) on February 23, 2017, to undergo removal proceedings. Four days later, a Notice to Appear was served by an immigration court in Las Vegas, Nevada, charging Mehmood as removable on various bases. After considering and rejecting Mehmood’s arguments, on September 18, 2017, the immigration judge sustained the charges of removability and ordered him removed. The Board of Immigration Appeals (the “BIA”) largely agreed but remanded for credibility findings on issues related to Mehmood’s application for deferral of removal under the Convention Against Torture. After additional proceedings not particularly relevant here, the BIA, on February 25, 2019, dismissed Mehmood’s 2 Case: 19-10527 Date Filed: 04/07/2020 Page: 3 of 8 appeal from the immigration judge’s decision denying Mehmood’s application for deferral of removal under the Convention Against Torture. While those proceedings were ongoing, on July 19, 2017, Mehmood was transferred to the Krome Processing Center in Miami, Florida (“Krome”). About eight months later, on March 22, 2018, while he was still detained at Krome, Mehmood instituted the present action. After the district court dismissed Mehmood’s initial petition without prejudice, Mehmood filed an amended habeas petition, arguing that his continuous and lengthy detention under § 1226(c) without a bond hearing violated the Due Process Clause. The district court disagreed and again dismissed the petition, this time without leave to amend, on January 29, 2019. Mehmood then timely appealed to this Court. Mehmood was still detained under § 1226(c), at that time. Shortly thereafter, Mehmood appealed the immigration court’s removability decision to the Ninth Circuit and moved for a stay of removal pending review. See BIA Petition for Review and Motion For Stay, Mehmood v. Barr, No. 19-70579 (9th Cir. 2019). In accordance with its General Order 6.4(c), the Ninth Circuit issued an automatic stay of Mehmood’s ...

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