Fontellio v. Hodgson

Filing 14

Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered granting 10 Motion to Dismiss. The habeas petition is dismissed. The Clerk mailed a copy of the Memorandum and Order to petitioner at the address listed on the cm/ecf docket. (PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
LOUIS FONTELLIO,
Petitioner,
v.
SHERIFF THOMAS M. HODGSON,
Respondent.

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Civ. Action No. 17-10848-PBS

MEMORANDUM AND ORDER
June 26, 2017
SARIS, C.D.J.
On May 12, 2017, petitioner Louis Fontellio, while in
custody as an immigration detainee at the Bristol County House of
Correction, filed a petition for a writ of habeas corpus under 28
U.S.C. § 2241 challenging his continued detention.

On June 12,

2017, the respondent moved to dismiss the petition because travel
documents were obtained for Mr. Fontellio and his removal was
reasonably foreseeable.

By Electronic Order dated June 14, 2017,

the respondent was directed to file a status report on July 10,
2017 stating whether petition has been removed from the United
States.

Now before the Court is Respondent’s Status Report

stating that Mr. Fontellio was removed from the United States on
June 19, 2017.
In its motion to dismiss for failure to state a claim,
respondent argues that Mr. Fontellio’s continued detention
remains lawful and that he had not demonstrated that there was no
significant likelihood of removal in the reasonably foreseeable
future.

On a motion to dismiss for failure to state a claim

pursuant to Rule 12(b)(6) of the Federal Rules of Civil
Procedure, the Court accepts as true all well-pleaded facts in
the light most favorable to the plaintiff and draws all
reasonable inferences from those facts in favor of the plaintiff.
United States ex rel. Hutcheson v. Blackstone Med., Inc., 647
F.3d 377, 383 (1st Cir. 2011).
Here, the motion to dismiss explained that there was a
significant likelihood of Mr. Fontellio’s removal in the
reasonably foreseeable future and the

continued detention

remains lawful and the subsequent Status Report confirmed that
Mr. Fontellio was removed from the United States.
ACCORDINGLY, the respondent’s motion to dismiss is granted
and the habeas petition is dismissed.
SO ORDERED.
/s/ Patti B. Saris
PATTI B. SARIS
CHIEF UNITED STATES DISTRICT JUDGE

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