Heydari v. Attorney General of the US of America et al
ORDER DISMISSING CASE. Certificate of Appealability will not issue. Signed by Judge Andrew P. Gordon on 11/17/2017. (Copies have been distributed pursuant to the NEF - JM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:17-cv-00472-APG-VCF
ATTORNEY GENERAL OF THE
UNITED STATES, et al.,
Before the court are the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241
(ECF No. 3) and respondents’ opposition (ECF No. 9). Petitioner challenges only the length of
time he has spent in immigration detention, and he asks only for immediate release from that
detention. Respondents have proven to the court’s satisfaction that petitioner has been removed
from the United States and no longer is in immigration detention. The petition now is moot.
Reasonable jurists would not find the court’s determination to be debatable or wrong, and
the court will not issue a certificate of appealability.
IT IS THEREFORE ORDERED that the petition for a writ of habeas corpus (ECF No. 3) is
DISMISSED as moot. The clerk of the court shall enter judgment accordingly and close this
IT IS FURTHER ORDERED that a certificate of appealability will not issue.
DATED: November 17, 2017.
ANDREW P. GORDON
United States District Judge
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