Edison Torres-Jurado v. Administrator of Bergen County


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ Nos. 18-2116/2802 _____________ EDISON TORRES-JURADO, Appellant v. ADMINISTRATOR OF BERGEN COUNTY JAIL; THOMAS R. DECKER, New York Field Office, ERO, ICE, DHS; KIRSTJEN M. NIELSEN; US DEPARTMENT OF HOMELAND SECURITY _______________ On Appeal from the United States District Court for the District of New Jersey (D.C. No. 2-18-cv-02115) District Judge: Hon. Kevin McNulty _______________ Submitted Under Third Circuit LAR 34.1(a) March 6, 2019 Before: JORDAN, KRAUSE, and RESTREPO, Circuit Judges. (Filed April 9, 2019) _______________ OPINION _______________  This disposition is not an opinion of the full court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. JORDAN, Circuit Judge. Edison Torres-Jurado appeals the District Court’s denial of his request for injunctive and declaratory relief as well as the denial of his emergency motion seeking to ensure his presence in New Jersey during the pendency of his case. For the following reasons, we will dismiss the appeals as moot and vacate our temporary stay of removal. I. BACKGROUND In January 2018, Torres-Jurado filed a petition for a writ of habeas corpus.1 According to his petition, as amended,2 he was ordered removed to Ecuador in 2005. But, because Immigration and Customs Enforcement (“ICE”) was unable to make the necessary arrangements with Ecuador, the agency released him pursuant to an order of supervision and granted him an indefinite stay of removal. For the next 12 years, Torres- Jurado complied with the order of supervision and remained in the United States without incident. Then, as he tells it, in November 2017, “[s]uddenly and without warning, justification or any change in circumstances … ICE took [him] into custody during a routine supervision appointment” and “detained him at the Bergen County Jail” in New Jersey. (App. at 47.) ICE again sought to remove him and to obtain “identity and travel documents to effectuate his removal.” (App. at 40.) 1 Torres-Jurado initially filed his petition in the United States District Court for the Eastern District of New York. The case was ultimately transferred to the District of New Jersey, with the parties’ consent. Torres-Jurado filed an amended petition – the operative petition here – in 2 February 2018. 2 The amended petition named several respondents, in particular: Michael Saudino, the Sheriff of Bergen County; Thomas R. Decker, an ICE official; Kirstjen Nielsen, the Secretary of Homeland Security; and the Department of Homeland Security (“DHS”). It also requested several forms of relief, including: (1) “a writ of habeas corpus directing the Respondents to immediately release [Torres-Jurado] from custody”; (2) an injunction preventing “Respondents from transferring [Torres-Jurado] outside of [New Jersey] pending litigation of this matter or his removal proceedings”; (3) “an order directing Respondents to … comply with the DHS order granting [Torres-Jurado] an indefinite stay of removal so that he does not face arbitrary arrest in the future”; and (4) a declaration “that the revocation of the stay of removal was unlawful without a constitutionally adequate, individualized hearing before an impartial adjudicator at ...

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