Filed: Mar. 15, 2018
Latest Update: Mar. 15, 2018
Summary: ORDER and 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 on December 28, 2017. ECF No. 1. Petitioner alleged that he is a native and citizen of Cuba who arrived in the United States in 1980 as part of the Mariel Boatlift. ECF No. 1 at 3. Petitioner has been in ICE custody since November 16, 2017, and was previously ordered removed from the
Summary: ORDER and 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 on December 28, 2017. ECF No. 1. Petitioner alleged that he is a native and citizen of Cuba who arrived in the United States in 1980 as part of the Mariel Boatlift. ECF No. 1 at 3. Petitioner has been in ICE custody since November 16, 2017, and was previously ordered removed from the U..
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ORDER and 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 on December 28, 2017. ECF No. 1. Petitioner alleged that he is a native and citizen of Cuba who arrived in the United States in 1980 as part of the Mariel Boatlift. ECF No. 1 at 3. Petitioner has been in ICE custody since November 16, 2017, and was previously ordered removed from the United States on September 4, 2008. Id. Petitioner asserts that ICE has been unable to remove him to Cuba and he seeks release from detention pursuant to Zadvydas v. Davis, 533 U.S. 678 (2001).
Respondents filed a motion to dismiss the petition as moot. ECF No. 7. Respondents state that Petitioner was released from confinement at the Wakulla County Detention Facility under an order of supervision. Id. Attached to the motion is an exhibit revealing Petitioner was released from detention on February 28, 2018. ECF No. 7-1. Therefore, because Petitioner has been afforded the relief sought, release from detention, this § 2241 petition should now be dismissed as moot.
Additionally, the motion to dismiss contains a certificate of service indicating the document was provided to Petitioner at his address of release, 1855 NW 15 Avenue #1503, Miami, Florida 33125. ECF No. 7-1 at 5. The Clerk of Court shall forward this Report and Recommendation to Petitioner at that address. If Petitioner disputes that this case is moot, he must immediately file "objections" and a notice of change of address.
ORDER
It is ORDERED that the Clerk of Court shall forward this Report and Recommendation to Petitioner at 1855 NW 15 Avenue #1503, Miami, Florida 33125, and his address of record at the Wakulla County Jail.
REPORT AND RECOMMENDATION
In light of Respondents' showing that Petitioner has been released from detention, it is respectfully RECOMMENDED that the motion to dismiss, ECF No. 7, be GRANTED, and the § 2241 petition be DISMISSED as moot since Petitioner has been granted the relief sought in the petition.
