Michael v. Mule et al

Filing 10

ORDER granting respondents' 9 Motion to Dismiss. The petition of Zimran Michael is dismissed. ****CLERK TO FOLLOW UP. Signed by Judge David G. Larimer on 2/7/08. (EMA)

Michael v. Mule et al

Doc. 10

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ ZIMRAN MICHAEL, A99-756-584,

Petitioner, DECISION AND ORDER 07-CV-6440L v. CHARLES MULE, Facilities Director, Buffalo Federal Detention Facility; DAVID VENTURELLA, Director, Post-Order Detention Unit, Bureau of Immigration and Customs Enforcement; WILLIAM CLEARY, District Director DRO Field Office; ALBERTO GONZALES, Attorney General of the United States,

Respondents. ________________________________________________

By notice of motion filed February 5, 2008 (Dkt. #9), respondents moved to dismiss this petition, which had been filed pursuant to 28 U.S.C. § 2241, on the grounds that the petition is now moot. Based on the affidavit of Assistant United States Attorney Gail Y. Mitchell, I agree with respondents that the petition is indeed moot because petitioner has obtained the relief that he sought, that is, release from administrative custody pending his deportation. Based on that administrative decision releasing petitioner, the petition is moot and is therefore dismissed.

Dockets.Justia.com

CONCLUSION The petition of Zimran Michael for relief under 28 U.S.C. § 2241 is dismissed. IT IS SO ORDERED.

_______________________________________ DAVID G. LARIMER United States District Judge

Dated: Rochester, New York February 7, 2008.

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