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Aref v. Doll, 3:19-CV-796. (2019)

Court: District Court, M.D. Pennsylvania Number: infdco20190708726 Visitors: 3
Filed: Jun. 11, 2019
Latest Update: Jun. 11, 2019
Summary: REPORT AND RECOMMENDATION KAROLINE MEHALCHICK , Magistrate Judge . On May 9, 2019, the Court received and filed the instant pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241, submitted by counsel on behalf of Petitioner, Yassin Aref. (Doc. 1). At the time of filing, Aref, a native and citizen of Iraq, was being held in the custody of United States Immigration and Customs Enforcement ("ICE") at York County Prison, located in York County, Pennsylvania. In his petitio
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REPORT AND RECOMMENDATION

On May 9, 2019, the Court received and filed the instant pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, submitted by counsel on behalf of Petitioner, Yassin Aref. (Doc. 1). At the time of filing, Aref, a native and citizen of Iraq, was being held in the custody of United States Immigration and Customs Enforcement ("ICE") at York County Prison, located in York County, Pennsylvania. In his petition, Aref challenged his continued detention in ICE custody after entry of a final removal order. He did not challenge the legality of the removal order itself.

On May 29, 2019, the Court granted an extension of time for Respondents to file a response to the petition, and also scheduled an evidentiary hearing on the issues raised in the petition. On June 4, 2019, a response to the petition was filed. On June 7, 2019, the evidentiary hearing was conducted but, as counsel for Respondents represented on the record for the first time that Petitioner was scheduled to be removed on or before June 14, 2019, no testimony or other evidence was introduced. The Court issued an Order holding any ruling on the Petition in abeyance until on or before June 14, 2019.

On June 10th and 11th, 2019, correspondence between counsel for the parties and the Court confirmed that Aref's removal did occur as scheduled. A check of the Online Detainee Locator System1 confirms that Aref is no longer in ICE custody. As such, because Aref "has already been deported and is, therefore, no longer in custody, the challenge to [his] detention is moot and the habeas petition must be dismissed." Lindaastuty v. Attorney Gen., 186 Fed. App'x 294, 298 (3d Cir. 2006); Audain v. Decker, No. 3:12-CV-02301, 2013 WL 5656128, at *2 (M.D. Pa. Oct. 15, 2013).

Based on the foregoing, it is recommended that the petition (Doc. 1) and motion to compel (Doc. 17) be DISMISSED AS MOOT and the case file be closed.

FootNotes


1. https://locator.ice.gov
Source:  Leagle

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