ARMANETTI ALMADA v. GREEN et al

Filing 7

OPINION. Signed by Judge John Michael Vazquez on 02/07/2017. (ek)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
____________________________________
:
SEBASTIAN E. ARMANETTI ALMADA, :
:
Civil Action No. 16-8777 (JMV)
Petitioner,
:
:
v.
:
OPINION
:
CHARLES L. GREEN,
:
:
Respondent.
:
____________________________________:
APPEARANCES:
Andrea N. Mazzula-Adames, Esq.
481 Bloomfield Avenue
Newark, NJ 07107
on behalf of Petitioner
Nicole Patrice Grant
U.S. Department of Justice, Civil Division
Office of Immigration Litigation
P.O. Box 868
Washington, D.C. 20044
on behalf of Respondent

VAZQUEZ, United States District Judge
On November 28, 2016, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to
28 U.S.C. § 2241 (ECF No. 1), challenging his prolonged detention by U.S. Immigration and
Customs Enforcement (“ICE”). Respondent filed an answer to the petition on February 2, 2017.
(ECF No. 2.) The following day, Petitioner submitted a letter to the Court, stating that his removal
proceedings successfully terminated, and he was released from custody. (ECF No. 3.) Therefore,
he wishes to withdraw his habeas petition. (Id.)

Federal Rule of Civil Procedure 41(a)(2) provides that “except as provided in Rule
41(a)(1), an action may be dismissed at the plaintiff’s request only by court order, on terms that
the court considers proper.” Petitioner received the relief requested in his habeas petition, release
from ICE detention, and properly seeks to withdraw his habeas petition. Therefore, the Court will
dismiss this action.

An appropriate Order follows.

Date: February 7, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge

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