Bacuku v. Shanahan et al

Filing 12

MEMORANDUM AND ORDER dismissing petition and closing case. Signed by Judge Madeline C. Arleo on 5/4/2016. (nr, )

CAsB CLOSED
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
KASTRIOT BACUKU,

Civil Action No. 16-1388 (MCA)

Plaintiff,
MEMORANDUM AND ORDER
V.

OSCAR AVILES, et al.,
Defendants.

This matter having been opened by Petitioner Kastriot Bacuku’s Petition for a writ of
habeas corpus challenging his detention pursuant to 28 U.S.C.

§ 2241

(Civ. Act. No. 16-1388,

ECF Nos. 1-2.) It appearing that:
1. On April 9, 2015, Petitioner, proceeding through counsel, filed a Petition for a writ of
habeas corpus in the United States District Court for the District of New Jersey, challenging his
prolonged detention pursuant to 28 U.S.C.

§ 2241.

(See Civ. Act. No. 15-2543, ECF No. 1

(hereafter referred to “Bacuku r’).) On May 6, 2015, this Court ordered the Respondent to file
its response. (Bacuku I, ECF No. 2.) Respondent filed its response on July 20, 2015, and
Petitioner’s counsel filed a reply on his behalf on August 18, 2015. (Id., ECF Nos. 9, 11.) The
Court subsequently ordered supplemental briefing, which was completed on November 4, 2015.
(Id., ECF Nos. 15-17.) On March 2, 2016, the Court issued an Opinion and Order, granting the
writ of habeas corpus and ordering a bond hearing for Petitioner to be held by an Immigration
Judge within 10 days of the Court’s Order. (Id., ECF Nos. 20-21.) On March 9, 2016, Assistant
United States Attorney Frances C. Bajada informed the Court that an Immigration Judge had
conducted an individualized bond hearing for Petitioner on March 8, 2016 and determined that

he may be released from custody upon the posting of a $7500.00 bond. (Id., ECF No. 22, Letter
from AUSA Bajada.) The letter also informed the Court that Petitioner “posted bond and was
released.” (Id.)
2. While Bacuku I was pending, Petitioner, proceeding pro se, filed the instant Petition,
along with an application for informapauperis (“IFP”) status, in the Southern District of New
York, challenging his prolonged detention under 28 U.S.C.

§ 2241

(See

civ. Act. No. 16-13 88

(hereafter referred to as Bacuku Ii).) Bacuku II was docketed in the Southern District of New
York on January 12, 2016. (See Id., ECF Nos. 1-3.) The District Court for the Southern District
of New York granted Petitioner’s IFP application, ordered Respondents to file a response (1)
addressing the Court’s jurisdiction and (2) whether the matter should be transferred to this
District, where Bacuku I was then pending. (Id. at ECF Nos. 4, 6.) After receiving the
Government’s response on February 18, 2016, the District Court for the Southern District of
New York transferred Bacuku II to the District of New Jersey on March 1, 2016, and it was
assigned to the undersigned. (Id. at ECF Nos. 8, 10.)
3. As noted above, this Court granted Petitioner a bond hearing in Bacuku Ion March 2,
2016, and Petitioner was released on bond on March 8, 2016. (Bacuku I, ECF Nos. 20-22.)
4. This Court has reviewed Bacuku II and finds that the Petition should be dismissed as the
Petitioner is no longer in custody, having already received a bond hearing and having been
released on bond (see Bacuku I, ECF No. 22), which is the only relief he is entitled to in this
habeas action.
IT IS THEREFORE on this

‘

day of

‘

2016

ORDERED that the Petition for a Writ of Habeas Copts is dismissed because Plaintiff
has already received the relief requested and has been released on bond; and it is further

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ORDERED that the Clerk is to serve a copy of this Order on Petitioner and mark this
case as CLOSED.

/1

L/Lz\.

Madeline Cox Arleo, District Judge
United States District Court

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