Dirie v. Lynch et al

Filing 12

DECISION AND ORDER: The government's Motion to Dismiss 8 , 9 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-

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK AKEN AHMED DIRIE, Petitioner. Case # 16-CV-996-FPG v. DECISION AND ORDER JEFFERSON B. SESSIONS, Attorney General of the United States, et al., Respondents. Pro se Petitioner Aken Ahmed Dirie (“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 Somalia by an Immigration Judge on February 4, 2016, and further alleges that he has remained in the custody of the Department of Homeland Security (“DHS”) for over fifteen 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 Somalia, making this action moot. See ECF Nos. 8, 9. 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 to Somalia on a flight chartered by Immigration and Customs Enforcement that departed from Alexandria International Airport (AEX) on March 9, 2017. See ECF No. 8-1. As such, this action has become moot, and must be dismissed. 1    CON NCLUSION N The governm T ment’s Motion to Dismiss (ECF Nos. 8, 9) is gran n s nted, as this case has become moot. No certificate of appeala N e ability shall issue, as Pe etitioner has failed to m make a substa antial showing of a denial of a constitut o tional right. The Clerk o Court is di of irected to clo this case ose e. IT IS SO ORD T DERED. DATED: : Roche ester, New York Y May 26, 2017 2 __________ __________ ___________ __________ _ HON. FRAN P. GER ANK RACI, JR. Chief Judge e United State District C es Court 2   

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