Butt v. Department of Homeland Security et al

Filing 12

SUPPLEMENTAL REPORT AND RECOMMENDATIONS. The respondents have amended their response with a Release Notification which indicates petitioner will be released sometime in the future. It is clear to the undersigned that petitioner has not actually been released to date. Accordingly, the 10 the REPORT AND RECOMMENDATIONS entered 3/19/09 remains in effect. Objections to R&R due by 4/30/2009. Signed by Magistrate Judge William E. Cassady on 4/10/09. copy to petitioner (srr)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION HAMID ALI BUTT, Petitioner, vs. ERIC HOLDER, Attorney General of the United States, et al., Respondents. SUPPLEMENTAL REPORT AND RECOMMENDATION By report and recommendation entered on March 19, 2009, the undersigned recommended that this Court grant Butt's petition for writ of habeas corpus and order his immediate supervised release under conditions set forth by the ICE arm of the Department of Homeland Security. (Doc. 10) The respondents have now amended their response with a Release Notification, dated April 9, 2009, which indicates that petitioner will be released sometime in the foreseeable future under an Order of Supervision and Addendum to the Order of Supervision. (Doc. 11, Attachment) This release notification also reads as follows: "Prior to your release from custody, an immigration officer may verify the sponsorship or employment offers presented during your : : : : : CA 08-0672-CG-C

review." (Id.) While the respondents have taken the position that Butt has been placed on supervised release and is no longer in ICE custody, thereby mooting his petition (Doc. 11, at 1), it is clear to the undersigned that petitioner has actually not been released from ICE custody to date. Accordingly, the recommendation entered by the undersigned on March 19, 2009 remains in effect. DONE this the 10th day of April, 2009. s/WILLIAM E. CASSADY UNITED STATES MAGISTRATE JUDGE

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