Sis v. Sessions et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Jorge Sis ; adopting Report and Recommendations re 14 Report and Recommendations; Denying 1 Petition for Writ of Habeas Corp us; Closing Case. Signed by Judge Robert N. Scola, Jr. on 2/23/2018. (ls) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

United States District Court
for the
Southern District of Florida
Jorge Sis, Petitioner,
v.
Jeff Sessions as Attorney General of
the United States and others,
Respondents.

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Civil Action No. 17-24424-Civ-Scola
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Order Adopting Magistrate Judge’s Report And Recommendation
This case was referred to United States Magistrate Judge Patrick A.
White, consistent with Administrative Order 2003-19 of this Court, for a ruling
on all pre-trial, nondispositive matters and for a report and recommendation
on any dispositive matters. On January 29, 2018, Judge White issued a report,
recommending that the Court deny the Petitioner Jorge Sis’s petition for writ of
habeas corpus under 28 U.S.C. §§ 2241. (Report of Magistrate, ECF No. 14.)
Sis has not filed objections to the report and the time to do so has passed.
The Court has considered Judge White’s report, the record, and the
relevant legal authorities. The Court finds Judge White’s report and
recommendation cogent and compelling: because Sis has failed to show that
his removal from the United States is not reasonably foreseeable in the near
future, he is not entitled to relief at this time and his petition should be
dismissed. That said, the dismissal is without prejudice to Sis’s filing a new
§ 2241 should his circumstances change.
The Court thus affirms and adopts Judge White’s report and
recommendation (ECF No. 14). The Court denies Sis’s federal habeas corpus
petition (ECF No. 1). Finally, the Court directs the Clerk to close this case and
deny any pending motions as moot.
Done and ordered, at Miami, Florida, on February 23, 2018.
_______________________________
Robert N. Scola, Jr.
United States District Judge