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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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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GHADER HEYDARI,

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Petitioner,

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vs.

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Case No. 2:17-cv-00472-APG-VCF

ATTORNEY GENERAL OF THE
UNITED STATES, et al.,

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ORDER

Respondents.

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Before the court are the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241

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(ECF No. 3) and respondents’ opposition (ECF No. 9). Petitioner challenges only the length of

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time he has spent in immigration detention, and he asks only for immediate release from that

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detention. Respondents have proven to the court’s satisfaction that petitioner has been removed

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from the United States and no longer is in immigration detention. The petition now is moot.

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Reasonable jurists would not find the court’s determination to be debatable or wrong, and
the court will not issue a certificate of appealability.

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IT IS THEREFORE ORDERED that the petition for a writ of habeas corpus (ECF No. 3) is

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DISMISSED as moot. The clerk of the court shall enter judgment accordingly and close this

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action.

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IT IS FURTHER ORDERED that a certificate of appealability will not issue.

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DATED: November 17, 2017.

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ANDREW P. GORDON
United States District Judge