Filed: Oct. 25, 2016
Latest Update: Oct. 25, 2016
Summary: DECISION AND ORDER LAWRENCE J. VILARDO , District Judge . The petitioner, My Thanh Nguyen, acting pro se, seeks relief from his continued administrative custody/detention pending removal under Title 28, United States Code, Section 2241. For the reasons set forth below, the respondents' motion to dismiss is granted, and Nguyen's petition is dismissed as moot. On October 21, 2015, Nguyen was taken into custody by the U.S. Department of Homeland Security, Immigration and Customs Enforcement
Summary: DECISION AND ORDER LAWRENCE J. VILARDO , District Judge . The petitioner, My Thanh Nguyen, acting pro se, seeks relief from his continued administrative custody/detention pending removal under Title 28, United States Code, Section 2241. For the reasons set forth below, the respondents' motion to dismiss is granted, and Nguyen's petition is dismissed as moot. On October 21, 2015, Nguyen was taken into custody by the U.S. Department of Homeland Security, Immigration and Customs Enforcement...
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DECISION AND ORDER
LAWRENCE J. VILARDO, District Judge.
The petitioner, My Thanh Nguyen, acting pro se, seeks relief from his continued administrative custody/detention pending removal under Title 28, United States Code, Section 2241. For the reasons set forth below, the respondents' motion to dismiss is granted, and Nguyen's petition is dismissed as moot.
On October 21, 2015, Nguyen was taken into custody by the U.S. Department of Homeland Security, Immigration and Customs Enforcement. See Docket Item 1. Following immigration proceedings, on January 5, 2016, Nguyen was ordered removed from the United States by an Immigration Judge. Because Nguyen did not challenge the final order of removal in this Court, and because this Court would not have had jurisdiction to address such a challenge had it been brought, a stay of removal was not entered.1 See Docket Item 2.
The respondents, Loretta Lynch, Michael Phillips, and Todd Tryon, now have moved to dismiss the petition as moot because Nguyen has been released from continued detention pending his removal from the United States. Specifically, by Order of Supervision and Addendum executed on July 7, 2016, Nguyen has been placed under supervision and permitted to be at large under the conditions set forth in the Order of Supervision and Addendum. Docket Items 5 and 5-1. Counsel for the respondents has submitted a copy of the U.S. Department of Homeland Security Order of Supervision and Addendum verifying the petitioner's release. See Docket Item 5-1.
Accordingly, because Nguyen has been released from continued detention pending his removal from the United States and has been placed under supervision and permitted to be at large under the conditions set forth in the Order of Supervision and Addendum, his petition is moot, the respondents' motion to dismiss the petition is granted, and the petition is dismissed.2
The Clerk of Court is directed to forward a copy of this Order to petitioner at the address set forth in the Order of Supervision: 2 Colfax Ave, Apt. 1B, Binghamton, NY 13905.
The Court hereby certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this judgment would not be taken in good faith and therefore denies leave to appeal as a poor person. Coppedge v. United States, 369 U.S. 438 (1962).
The petitioner must file any notice of appeal with the Clerk's Office, United States District Court, Western District of New York, within sixty (60) days of the date of judgment in this action. Requests to proceed on appeal as a poor person must be filed with the United States Court of Appeals for the Second Circuit in accordance with the requirements of Rule 24 of the Federal Rules of Appellate Procedure.
IT IS HEREBY ORDERED that the petition is dismissed; and it is further
ORDERED that leave to appeal as a poor person is denied.
SO ORDERED.
