Wen v. Attorney General of the US of America et al

Filing 13

ORDER. IT IS ORDERED that the petition is DISMISSED as moot. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that 10 respondents' motion for extension of time to respond to the petition is GRANTED nunc pro tunc.IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case. Signed by Judge Richard F. Boulware, II on 11/22/2017. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LIN ZHI WEN,

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Case No. 2:17-cv-00410-RFB-NJK
Petitioner,

ORDER

v.
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ATTORNEY GENERAL OF THE US OF
AMERICA, et al.,

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Respondents.

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Petitioner Lin Zhi Wen filed a pro se habeas corpus petition under 28 U.S.C. §

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2241 challenging his continued detention beyond the removal period (ECF No. 5). On

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October 25, 2017, the court directed respondents to file a response to the petition (ECF

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No. 4).

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In their response, respondents indicate that Wen has been released from detention

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on supervised release (ECF No. 11). Accordingly, they argue that the petition is moot.

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Respondents attach the declaration of assistant chief counsel for the U.S. Immigration

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and Customs Enforcement Agency (“ICE”) in Las Vegas, Nevada, who attests that Wen

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was released from detention on supervised release on July 11, 2017 (ECF No. 11-1).

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Counsel also states that Wen has been reporting to ICE as directed, last appearing on

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November 14, 2017.

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As Wen is on supervised release, his habeas petition shall be dismissed as moot.

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IT IS THEREFORE ORDERED that the petition is DISMISSED as moot.

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IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

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IT IS FURTHER ORDERED that respondents’ motion for extension of time to

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respond to the petition (ECF No. 10) is GRANTED nunc pro tunc.
IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and
close this case.

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DATED: 22 November 2017.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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