Pangilinan v. Kane

Filing 12

ORDER adopting 10 Report and Recommendations. Petitioner's petition for writ of habeas corpus 1 is dismissed as moot. Signed by Judge David G Campbell on 12/09/08.(DNH)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Edgar Pangilinan, Petitioner, vs. Katrina Kane, Respondent.

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No. CV-07-1687-PHX-DGC (CRP) ORDER

Petitioner Edgar Pangilinan is subject to an order of removal from the United States and is being detained by the federal Bureau of Immigration and Customs Enforcement of the Department of Homeland Security. Petitioner has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Dkt. #1. Petitioner requests an order requiring a bond hearing or his immediate release from custody. Id. On October 17, 2008, United States Magistrate Judge Charles Pyle issued a report and recommendation ("R&R") recommending that the Court grant the petition unless, within 60 days, the Government (1) provides Petitioner with a hearing before an immigration judge with the power to grant him bail or (2) shows that he has already received a bond hearing. Dkt. #10. The Government has filed a notice indicating that a bond hearing was scheduled for November 4, 2008. Dkt. #11. Petitioner has not filed a response to the Government's notice. Because it appears that Petitioner has received a bond hearing, the Court will deny his petition as moot.

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IT IS ORDERED: 1. 2. The Magistrate Judge's R&R (Dkt. #10) is accepted. Petitioner's petition for writ of habeas corpus (Dkt. #1) is dismissed as moot.

DATED this 9th day of December, 2008.

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