Johnson v. US Attorney General et al

Filing 12

RULING (see attached) finding as moot 1 Petition for Writ of Habeas Corpus. Given that the Second Circuit has now completed its review, the Petition for Habeas Corpus before this Court seeking Petitioner's release from custody while the appeal to the Second Circuit was ongoing is hereby FOUND TO BE MOOT. The Clerk shall close the case. Signed by Judge Charles S. Haight, Jr. on May 6, 2011. (Lacedonia, J.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
WAYNE JOHNSON,
Plaintiff,
v.

3:08-cv-842 (CSH)

MICHAEL MUKASEY, ET AL.,
Defendants.

RULING ON PETITION FOR WRIT OF HABEAS CORPUS
On June 3, 2008, Petitioner Wayne Johnson, through counsel, filed the instant Petition for
Habeas Corpus, claiming jurisdiction pursuant to the Immigration and Nationality Act, 8 U.S.C.
§ 1252(a)(5), seeking to be released from custody while his petition for review of an order
denying him relief from deportation was pending before the Second Circuit Court of Appeals.
[Doc. 1] On January 10, 2008, the Board of Immigration Appeals had affirmed the September
26, 2007 decision of an Immigration Judge denying Mr. Johnson’s application for relief from
deportation under the Convention Against Torture. Petitioner filed a timely appeal of that
decision with the Second Circuit, and sought from this Court to be released from custody while
his appeal was pending. The Government contests this Court’s jurisdiction to grant the relief
requested. [See Doc. 7]
The Court need not decide that question, because on September 30, 2008, the Second
Circuit Court of Appeals issued a Summary Order in Petitioner’s case, 08-0403-ag, “deny[ing]
Johnson’s petition for review to the extent it raises a question of law over which we have
jurisdiction, and dismiss[ing] the remaining portions of the petition for lack of jurisdiction.” The
Second Circuit further ordered, “As we have completed our review, any stay of removal that the

Court previously granted in this petition is vacated, and any pending motion for a stay of removal
in this petition is dismissed as moot.” Given that the Second Circuit has now completed its
review, the Petition for Habeas Corpus [Doc. 1] before this Court seeking Petitioner’s release
from custody while the appeal to the Second Circuit was ongoing is hereby FOUND TO BE
MOOT.1 The Clerk shall close the case.
It is SO ORDERED.
Dated: New Haven, Connecticut
May 6, 2011
/s/ Charles S. Haight, Jr.__________
CHARLES S. HAIGHT, JR.
SENIOR UNITED STATES DISTRICT JUDGE

1

Petitioner has expressly disclaimed seeking anything beyond the limited relief described
herein, the request for which has been rendered moot by the resolution of his appeal. “Mr.
Johnson is not seeking adjudication on the merits of an old order of deportation. He is simply
challenging his detention by the Government while his petition for review is pending with the
Second Circuit Court of Appeals.” [Doc. 10 at 8-9]