MASSAQUOI v. HENDRICKS

Filing 3

MEMORANDUM OPINION AND ORDER ADMINISTRATIVELEY TERMINATING THIS ACTION. Signed by Judge Kevin McNulty on 6/14/2013. (nr, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

OBEDIAH MASSAQUOI,
Civil Action No.
13-2589 (KM)

Petitioner,

MEMORANDUM OPINION
AND ORDER

V.

WARDEN ROY L.

HENDRICKS,
Respondent.

1.

This matter was opened upon the Clerk’s receipt of
Petitioner’s petition for a writ of habeas corpus pursuant
to 28 U.S.C.

§ 2241

(ECF No.

1)

.

Petitioner asserted that

his post-removal order detention in the hands of immigration
officials was illegal,

being in excess of six months,

that therefore he was entitled to release.
Davis,

533 U.S.

678

(2001)

.

and

Zadvydas v.

Petitioner also asserted that

there was no significant likelihood of his removal to his
native Liberia in the reasonably foreseeable future.

I

(ECF. No.
Petitioner is a citizen and native of Liberia.
Being adjudicated an alien subject to removal,
1-2, at 4).
Petitioner was allowed to remain in the general public, subject
to supervision and requirements not to commit criminal offenses,
(ECF. No. 1-2, at 3).
while awaiting his removal to Liberia.
While on supervised release, Petitioner committed an armed
robbery, aggravated assault and a number of other criminal
Therefore, his supervised release was
See id.
offenses.
revoked, and he was placed in custody of immigration officials.
Page -1-

Petitioner requested expedited proceedings before me,
asserting that “any delay
to Petitioner.”
2.

(ECF. No.

Upon opening this matter,

.

.

will cause irreparable harm

.

1-1,

at 2)

the Clerk duly forwarded a copy of

the docket sheet to Petitioner by mail on April 24,
(ECF.

No.

2).

On June 11,

2013,

to the Clerk as undeliverable,
“RETURN TO SENDER.

that mailing was returned

with a notation reading,

NOT DELIVERABLE AS ADDRESSED.

UNABLE TO

Id.

FORWARD.”
3.

2013.

The website of the U.S.

Immigration and Customs Enforcement

indicates that the alien known as Obediah Massaquoi, Alien
No.

046477171,

is no longer in custody.

https://locator. ice.gov/odls/homePage.do.

It appears that

Petitioner may have been successfully removed to his native
Liberia.

If so,

of caution,
4.

Rather,

this case would be moot.

however,

In an abundance

I will not dismiss the matter outright.

I will direct that this action be administratively

terminated because of Petitioner’s failure to advise the
Clerk of his change of address.

Local Civil Rule 10.1(a)

requires unrepresented parties to advise the Court of any
change in address within seven days.

The undeliverable mail

and the information from the ICE website suggest that
Petitioner,
so.

if he remains in this country,

has failed to do

This matter will therefore be administratively

Page -2-

terminated.

If,

within the next six months,

Petitioner

files a written statement with the Clerk verifying his new
address and establishing that his claims have not been
mooted by removal from this country,

I will direct the Clerk

to restore this matter to my active docket.
IT IS,

therefore,

on this l4’ day of June,

2013,

ORDERED that the Clerk shall administratively terminate this
matter by making a new and separate entry on the docket,
“CIVIL CASE TERMINATED.”

Ke in MaNulty,

Page -3-

U.S.D.J.

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