Isaac v. Johnson et al

Filing 7

ORDER dismissing as moot 1 Petition for Writ of Habeas Corpus filed by Agbo Isaac. Signed by Hon. Michael A. Telesca on 2/18/15. (SG)

-PS/CD-O-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
AGBO ISAAC,
Petitioner,
-v-

14-CV-1021C
ORDER

JEH JOHNSON, Secretary of DHS,
MICHAEL PHILLIPS, District Director,
TODD TRYON, Asst. Field Office
Director, and IMMIGRATION AND
CUSTOMS ENFORCEMENT,
Respondents.

Petitioner, Agbo Isaac, filed a petition for a writ of habeas
corpus, pursuant to 28 U.S.C. § 2241, challenging his continued
administrative

custody

in

detention

pending

removal

by

respondents(Docket No. 1). The Court ordered respondents to answer
the petition (Docket No. 2). Prior to respondents filing an answer,
petitioner advised the Court that he has been released from the
detention facility and requests that his petition be put on “hold”
(Docket No. 3).
The

habeas

petition

is

now

moot

released from administrative detention.

as

petitioner

has been

See Masoud v. Filip, No.

08-CV-6345-CJS-VEB, 2009 WL 223006 (W.D.N.Y., January 27, 2009)
(confirming

Report

and

Recommendation

of

U.S.M.J.

Victor

E.

Bianchini) (petition for a writ of habeas corpus filed under 28
U.S.C. § 2241 seeking release from detention pending removal moot
upon release of petitioner from detention pursuant to an Order of

Supervision); see also Leybinsky v. U.S. Immigration and Customs
Enforcement,

553

F.App’x

108(2d

Cir.

2014)

(Summary

Order)

(petitioner’s release from ICE custody pending removal pursuant to
a final order of removal moots his petition for a writ of habeas
corpus,

pursuant

to

28

U.S.C.

§

2241,

and

the

“capable

of

repetition but evading review” exception to mootness doctrine
inapplicable.)
Accordingly, in light of the fact that petitioner has been
released from administrative custody in detention pending removal
by respondents, the petition is dismissed as moot.
IT HEREBY IS ORDERED, that the petition is dismissed.
SO ORDERED.
S/ Michael A. Telesca
_____________________________________
MICHAEL A. TELESCA
United States District Judge
Dated:

February 18, 2015
Rochester, New York

2