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-

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.

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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
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__________
__________
___________
__________
_
HON. FRAN P. GER
ANK
RACI, JR.
Chief Judge
e
United State District C
es
Court

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