Mellon v. Lynch et al
DECISION AND ORDER: The government's Motion to Dismiss 9 , 10 is granted, as this case has become moot. No certificate of appealability shall issue, as Petitioner has failed to make a substantial showing of a denial of a constitutional right. The Clerk of Court is directed to close this case. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/26/17. A copy of this Decision and Order has been mailed to the pro se Petitioner. (SCE)-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Case # 16-CV-471-FPG
DECISION AND ORDER
JEFFERSON B. SESSIONS,
Attorney General of the United States, et al.,
Pro se Petitioner Herve Mellon (“Petitioner”) has filed this action seeking a Writ of
Habeas Corpus under 28 U.S.C. § 2241. ECF No. 1. Petitioner alleges that he was ordered
removed to Haiti, but he has not yet been removed, and instead has remained in the custody of
the Department of Homeland Security (“DHS”) for over six months pending his deportation. Id.
Due to this delay, Petitioner seeks to be released from custody.
The government has moved to dismiss this case because Petitioner has now been
deported to Haiti, making this action moot. See ECF Nos. 9, 10. Petitioner did not respond to
the government’s motion.
“Where an alien challenging his detention under 28 U.S.C. § 2241 is released during the
pendency of his petition under an order of supervision, the petition is rendered moot.” Harvey v.
Holder, 63 F.Supp. 3d 318, 320 (W.D.N.Y. 2014).
Here, the uncontroverted evidence
demonstrates that Petitioner was removed from the United States on a flight chartered by
Immigration and Customs Enforcement that departed from the Miami International Airport on
December 20, 2016. See ECF No. 9-1. As such, this action has become moot, and must be
ment’s Motio to Dismiss (ECF N
Nos. 9, 10) is granted, as this case has
become moot. No certificate of appealabi
ility shall is
ssue, as Peti
itioner has f
failed to ma a
substanti showing of a denial of a constitu
utional right . The Clerk of Court is directed to close
IT IS SO ORD
ester, New York
May 26, 2017
HON. FRAN P. GER
United State District C
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?