Filed: Nov. 12, 2015
Latest Update: Nov. 12, 2015
Summary: REPORT AND RECOMMENDATION CHARLES A. STAMPELOS , Magistrate Judge . Petitioner, proceeding pro se, initiated this case by submitting a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. ECF No. 1. Petitioner, a native and citizen of Albania, alleged that he was ordered removed from the United States on November 12, 2014. Id. The order became final on February 26, 2015, after review by the Board of Immigration Appeals. Id. Petitioner was taken into immigration custody on M
Summary: REPORT AND RECOMMENDATION CHARLES A. STAMPELOS , Magistrate Judge . Petitioner, proceeding pro se, initiated this case by submitting a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. ECF No. 1. Petitioner, a native and citizen of Albania, alleged that he was ordered removed from the United States on November 12, 2014. Id. The order became final on February 26, 2015, after review by the Board of Immigration Appeals. Id. Petitioner was taken into immigration custody on Ma..
More
REPORT AND RECOMMENDATION
CHARLES A. STAMPELOS, Magistrate Judge.
Petitioner, proceeding pro se, initiated this case by submitting a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. Petitioner, a native and citizen of Albania, alleged that he was ordered removed from the United States on November 12, 2014. Id. The order became final on February 26, 2015, after review by the Board of Immigration Appeals. Id. Petitioner was taken into immigration custody on March 3, 2015, after release from prison and has been in custody since that time. Id. at 3, 4-5. Petitioner alleged that it is unlikely he will "be removed in the reasonably foreseeable future." Id. at 6. Thus, the petition seeks release from detention pursuant to the Supreme Court's decision in Zadvydas v. Davis, 533 U.S. 678 (2001).
Finding the petition sufficient, Respondents were served, a notice of appearance was filed, and on November 5, 2015, Respondents filed a motion to dismiss the petition as moot. ECF Nos. 8-9, 11. The motion advises that Petitioner was "removed from the United States to Albania" on September 25, 2015. ECF No. 11.1 Attached to the motion to dismiss is a copy of Form I-205 which reveals Petitioner was removed via a flight from Miami, and his departure was witnessed by Immigration Officer Lynch. ECF No. 11-1 at 2.
As Petitioner has been removed, no further judicial remedy is available. This case should be dismissed as moot and the motion to dismiss should be GRANTED. RECOMMENDATION
In light of the foregoing, it is respectfully RECOMMENDED that the motion to dismiss, ECF No. 11, be GRANTED and the petition for writ of habeas corpus, ECF No. 1, be DISMISSED as moot.