Ogunbanke v. Nielsen et al

Filing 44

ORDER DENYING 38 Petitioner's Motion for Emergency Stay of Removal as Moot, signed by Magistrate Judge Jeremy D. Peterson on 1/16/20. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAYO OLUGBOYEGA OGUNBANKE,

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Petitioner,
v.
KIRSTEN NIELSEN, et al.,

Case No. 1:18-cv-00796-LJO-JDP
ORDER DENYING PETITIONER’S MOTION
FOR EMERGENCY STAY OF REMOVAL
AS MOOT
ECF No. 38

Respondent.

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Petitioner Tayo Olugboyega Ogunbanke, a former detainee in the custody of the U.S.

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Bureau of Immigration and Customs Enforcement, proceeds without counsel, seeking a writ of

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habeas corpus under 28 U.S.C. § 2241. ECF No. 1. On July 29, 2019, petitioner moved this

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court for an emergency stay of removal during the pendency of the habeas petition. ECF No. 38.

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On September 16, 2019, petitioner was removed from the United States to Lagos, Nigeria. See

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ECF Nos. 41, 40-1. Petitioner’s sole request in the instant motion is a stay of removal. ECF No.

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38. Because petitioner was removed from the United States in September 2019, the motion to

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stay his removal is rendered moot. Therefore, the motion is denied.

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IT IS SO ORDERED.

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Dated:
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January 16, 2020
UNITED STATES MAGISTRATE JUDGE

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No. 206.

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