Liu v. Kane et al

Filing 12

ORDER that the Magistrate Judge Voss's 10 Report and Recommendation is accepted and adopted by the Court. It is further ordered that Petitioner's 1 Petition for Writ of Habeas Corpus is DISMISSED without prejudice. Signed by Judge Paul G Rosenblatt on 03/16/10. (ESL)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Sheng Qiang Liu, Petitioner, v. Katrina Kane, et al., Respondents. ) ) ) ) ) ) ) ) )

CV 09-2246-PHX-PGR (ECV) ORDER

Currently before the Court is the Report and Recommendation of Magistrate Judge Voss (Doc. 10) based on Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241. In his Petition, Petitioner alleged that immigration officials were holding him in detention pending his removal from the United States to China, but that his removal was not reasonably foreseeable. Having reviewed de novo1 the Petition and the Report and Recommendation, and no party having filed any objection to the Report and Recommendation, IT IS HEREBY ORDERED that the Magistrate Judge Voss's Report and Recommendation (Doc. 10) is ACCEPTED and ADOPTED by the Court.

Petitioner sought an immediate release under supervision on the grounds that his indefinite detention is not authorized by law because there is no prospect that he would be removed in the reasonably foreseeable future. However, on February 2, 2010, Respondents filed a Notice to the Court and Suggestion of Mootness, as well as a copy of an Order of Supervision establishing that on January 22, 2010, Petitioner was released from custody under an Order of Supervision. Respondents' evidence demonstrates that Petitioner has obtained the relief he sought in his petition. Therefore, this action is moot. See Picrin-Peron v. Rison, 930 F.2d 773, 775 (9th Cir. 1991).
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IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED without prejudice. DATED this 16th day of March, 2010.

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