Jarlee v. Sessions et al
Chief Judge Patti B. Saris: ORDER GRANTING MOTION (ECF No. 13) TO DISMISS entered. The Motion to Dismiss (Docket No. 13) is granted and the habeas petition is dismissed as moot.(PSSA, 4)
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
KELVIN PUSH JARLEE,
C.A. No. 17-12287-PBS
ORDER GRANTING MOTION (ECF No. 13) TO DISMISS
March 6, 2018
On November 20, 2017, petitioner Kelvin Push Jarlee, an
Correctional Facility, filed a pro se petition for a writ of habeas
corpus under 28 U.S.C. § 2241 challenging his continued detention.
The respondent subsequently notified the court that petitioner was
scheduled to be removed from the United States within 30 days and
the court requested the government inform the Court when petitioner
has been removed.
By Electronic Order dated February 16, 2018,
Now before the court is respondent’s status report and motion
to dismiss the petition as moot.
Petitioner was removed from the
United States to Liberia on December 21, 2017.
“Under Article III of the Constitution, federal courts
Lewis v. Cont'l Bank Corp., 494 U.S. 472, 477 (1990) (citations
Petitioner's release moots his petition because this
Court is no longer presented with a case or controversy, as is
required by the Constitution.
See Mangual v. Rotger-Sabat, 317
F.3d 45, 60 (1st Cir. 2003) (citation omitted) (“If events have
transpired to render a court opinion merely advisory, Article III
considerations require dismissal of case.”).
ACCORDINGLY, for the reasons stated above, the Motion to
Dismiss (Docket No. 13) is granted and the habeas petition is
dismissed as moot.
/s/ Patti B. Saris
PATTI B. SARIS
CHIEF, UNITED STATES DISTRICT JUDGE
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