Elawyers Elawyers
Ohio| Change

THIAW v. LAUER, 2:14-cv-00698-MMD-CWH. (2014)

Court: District Court, D. Nevada Number: infdco20140812c68 Visitors: 6
Filed: Aug. 11, 2014
Latest Update: Aug. 11, 2014
Summary: ORDER MIRANDA M. DU, District Judge. Before the Court are the amended petition for a writ of habeas corpus under 28 U.S.C. 2241 (dkt. no. 3) and respondents' answer (dkt. no. 15). Petitioner alleges that he is held in the Henderson Detention Center pending removal from the United States beyond the reasonable time allowed in Zadvydas v. Davis, 533 U.S. 678 , 701 (2001), and he seeks release from his confinement. Respondents have demonstrated to the Court's satisfaction that petitioner has
More

ORDER

MIRANDA M. DU, District Judge.

Before the Court are the amended petition for a writ of habeas corpus under 28 U.S.C. § 2241 (dkt. no. 3) and respondents' answer (dkt. no. 15). Petitioner alleges that he is held in the Henderson Detention Center pending removal from the United States beyond the reasonable time allowed in Zadvydas v. Davis, 533 U.S. 678, 701 (2001), and he seeks release from his confinement. Respondents have demonstrated to the Court's satisfaction that petitioner has been released from the jail, subject to supervision. Furthermore, mail from the Court to petitioner has been returned with notations that petitioner is not in custody at the Henderson Detention Center. Because petitioner has already received the relief which the Court would have granted, the amended petition (dkt. no. 3) is moot.

Reasonable jurists would not find the Court's conclusion to be debatable or wrong, and the Court will not issue a certificate of appealability.

It is therefore ordered that the amended petition for a writ of habeas corpus under 28 U.S.C. § 2241 (dkt. no. 3) is denied.

The Clerk of the Court shall enter judgment accordingly.

It is further ordered that a certificate of appealability is denied.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer