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

Filing 10

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)

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1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 4 5 GHADER HEYDARI, 6 Petitioner, 7 vs. 8 Case No. 2:17-cv-00472-APG-VCF ATTORNEY GENERAL OF THE UNITED STATES, et al., 9 ORDER Respondents. 10 11 Before the court are the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 12 (ECF No. 3) and respondents’ opposition (ECF No. 9). Petitioner challenges only the length of 13 time he has spent in immigration detention, and he asks only for immediate release from that 14 detention. Respondents have proven to the court’s satisfaction that petitioner has been removed 15 from the United States and no longer is in immigration detention. The petition now is moot. 16 17 Reasonable jurists would not find the court’s determination to be debatable or wrong, and the court will not issue a certificate of appealability. 18 IT IS THEREFORE ORDERED that the petition for a writ of habeas corpus (ECF No. 3) is 19 DISMISSED as moot. The clerk of the court shall enter judgment accordingly and close this 20 action. 21 IT IS FURTHER ORDERED that a certificate of appealability will not issue. 22 DATED: November 17, 2017. 23 24 25 26 27 28 _________________________________ ANDREW P. GORDON United States District Judge

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