Li v. Session et al

Filing 8

DECISION AND ORDER: The government's Motion to Dismiss 6 is GRANTED because this case is moot. The Clerk of Court is directed to close this case. SO ORDERED. A Copy of this NEF and Decision and Order have been mailed to the pro se Plaintiff. Signed by Hon. Frank P. Geraci, Jr. on 1/10/2018. (SFR)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
XI LI,
Petitioner.

Case # 17-CV-630-FPG

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

Pro se Petitioner Xi Li (“Petitioner”) 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 the People’s
Republic of China, but he has not been removed and instead has remained in the custody of the
Department of Homeland Security (“DHS”) for over nine months pending deportation. Id. Due
to this delay, Petitioner seeks to be released from custody.
The government has moved to dismiss this case as moot because Petitioner has been
released from DHS custody. ECF Nos. 6, 6-1, 6-2. 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 December 5, 2017. ECF No. 62, at 2. Accordingly, this action is moot and must be dismissed.

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CONCLUSION
The government’s motion to dismiss (ECF No. 6) is GRANTED because this case is moot.
No certificate of appealability shall issue, because Petitioner has failed to make a substantial
showing that he was denied a constitutional right. The Clerk of Court is directed to close this case.

IT IS SO ORDERED.
Dated: January 10, 2018
Rochester, New York
______________________________________
HON. FRANK P. GERACI, JR.
Chief Judge
United States District Court

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