HORTON v. AVILES
MEMORANDUM AND ORDER dismissing Petition in light of Petitioner's release from ICE custody. Signed by Judge Madeline C. Arleo on 10/25/16. (sr, )(N/M)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No. 15-7951 (MCA)
MEMORANDUM AND ORDER
This matter having been opened to the Court by Petitioner’s Petition for a writ of habeas
corpus challenging her detention pursuant to 28 U.S.C.
§ 2241. It appearing that:
On September 27, 2016, Timothy M. Belsan, Senior Litigation Counsel for the
United States Department of Justice, attorney for Respondent, submitted a letter representing to
the Court that Petitioner was released from detention pursuant to an Order of Supervision on
September 8, 2016, and noting that he had requested, and was still awaiting, documentary
evidence of Petitioner’s release and would forward that documentation to the Court when
provided. (See ECF No. 14.)
On October 21, 2016, Mr. Belsan submitted a second letter to the Court. (ECF
No. 15.) Attached to the letter is a Declaration from Deportation Officer Tony Petito, which
confirms that Petitioner was released from detention on September 8, 2016, pursuant to an Order
of Supervision, and noting that Petitioner had reported to Immigration and Customs Enforcement
(“ICE”) in Manchester, New Hampshire on October 4, 2016, pursuant to her Order of
Supervision.’ (See ECF No. 15; Belsan Letter dated Oct. 21, 2016; ECF No. 15-1, Petito Deci.
dated Oct. 21, 2016, at ¶J 3-5.) In light of Petitioner’s release from ICE custody, Mr. Belsan
requests that the Petition be dismissed as moot. (Id.).
THEREFORE, IT IS onthis
ORDERED that the Petition is hereby DISMISSED in light of Petitioner’s release from
ICE custody; and it is further
ORDERED that the Clerk of the Court shall mark this matter as closed.
Madeline Cox Arleo, District Judge
United States District Court
The Declaration also states that the Immigration Judge granted Petitioner relief from removal
on September 7, 2016. (Id. at ¶ 3.)
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