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Montoya v. Edwards, 17-3952 (MCA). (2018)

Court: District Court, D. New Jersey Number: infdco20180831c87 Visitors: 11
Filed: Aug. 29, 2018
Latest Update: Aug. 29, 2018
Summary: MEMORANDUM & ORDER MADELINE COX ARLEO , District Judge . This matter having come before the Court on Petitioner's submission of a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2241, challenging his prolonged detention. It appearing that: 1. On July 26, 2018, Assistant United States Attorney Anthony J. LaBruna wrote on behalf of Respondent to inform the Court that Petitioner was removed from the United States on October 20, 2017. ( See ECF No. 8; see also id. at 2, Declara
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MEMORANDUM & ORDER

This matter having come before the Court on Petitioner's submission of a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, challenging his prolonged detention. It appearing that:

1. On July 26, 2018, Assistant United States Attorney Anthony J. LaBruna wrote on behalf of Respondent to inform the Court that Petitioner was removed from the United States on October 20, 2017. (See ECF No. 8; see also id. at 2, Declaration of Levon Montelbano, dated July 24, 2018.) Accordingly, there is no longer a live "case or controversy" regarding Petitioner's detention pending removal, see U.S. Constitution, Article III, and Respondent asks the Court to dismiss the instant action as moot. See Nunes v. Decker, 480 F. App'x 173, 175 (3d Cir. 2012).

IT IS THEREFORE, on this 18 day of Aug, 2018,

ORDERED that the Petition is dismissed as MOOT in ligqt of Petitioner's removal from the United States; and it is further

ORDERED that the Clerk of the Court shall mark this matter as CLOSED.

Source:  Leagle

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