Antonio Sanchez Ochoa v. ED W. CAMPBELL, Director of Yakima County Department of Corrections

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE 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
D.C. No. 1:17-cv-03124-SMJ
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Salvador Mendoza, Jr., District Judge, Presiding
Argued and Submitted March 9, 2018
Seattle, Washington
Before: RAWLINSON and CLIFTON, Circuit Judges, and FREUDENTHAL,**
Chief District Judge.
FILED
MAR 30 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The Honorable Nancy Freudenthal, Chief United States District Judge
for the District of Wyoming, sitting by designation.

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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
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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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