Liu v. Sessions et al

Filing 7

DECISION AND ORDER: The government's Motion to Dismiss (ECF Nos. 5, 6) 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 7/12/17. A copy of this Decision and Order and the NEF have been mailed to the pro se Petitioner. (SCE)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
BAO HUA LIU,
Petitioner.

Case # 17-CV-477-FPG

v.
DECISION AND ORDER
JEFFERSON B. SESSIONS,
Attorney General of the United States, et al.,
Respondents.

Pro se Petitioner Bao Hua Liu (“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
China, 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 released
from DHS custody, making this action moot. See ECF Nos. 5, 6. 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 released from DHS custody on June 27, 2017. See ECF No. 5-1.
As such, this action has become moot, and must be dismissed.

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CONCLUSION
The government’s Motion to Dismiss (ECF Nos. 5, 6) 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.
IT IS SO ORDERED.
DATED:

July 12, 2017
Rochester, New York

______________________________________
HON. FRANK P. GERACI, JR.
Chief Judge
United States District Court

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