Gupta v. Kane

Filing 22

ORDER re 1 Petition for Writ of Habeas Corpus: IT IS ORDERED that the petitioner's Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody is denied as moot and that this action is dismissed. The Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 6/5/12. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ankur Gupta,
Petitioner,

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vs.

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Katrina S. Kane,

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Respondent.

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No. CV-11-1827-PHX-PGR (LOA)

ORDER

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In his Petition for a Writ of Habeas Corpus, filed pursuant to 28 U.S.C.

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§ 2241, the petitioner argued that he was entitled to be released from immigration

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detention because his continued detention since the order removing him to India

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became final violates Zadvydas v. Davis, 533 U.S. 678 (2001). In a Report and

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Recommendation (Doc. 17) entered on January 12, 2012, Magistrate Judge

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Anderson recommended that the petitioner be released from custody unless the

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respondent provided the petitioner with an appropriate bond hearing within 60 days

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or showed that he had already received an appropriate post-removal period bond

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hearing. On January 13, 2012, the respondent filed a Notice to the Court Regarding

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Status of Petitioner’s Travel Documents (Doc. 18), wherein she in part stated that

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the petitioner’s removal was imminent because the petitioner’s travel documents

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had been received from the government of India on January 6, 2012. On January

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27, 2012, the respondent filed her Objections to the Report and Recommendation

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(Doc. 20), wherein she stated that the petitioner was scheduled to be removed to

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India on that date. On May 31, 2012, the respondent filed a Notice to the Court and

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Suggestion of Mootness (Doc. 21), wherein she established that the petitioner was

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removed from the United States on January 29, 2012. In light of the petitioner’s

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removal, the Court finds that no ruling needs to be made on the Report and

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Recommendation given that this action is now moot. Therefore,

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IT IS ORDERED that the petitioner’s Petition Under 28 U.S.C. § 2241 for a

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Writ of Habeas Corpus by a Person in Federal Custody is denied as moot and that

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this action is dismissed. The Clerk of the Court shall enter judgment accordingly.

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DATED this 5th day of June, 2012.

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