Achampong v. Tompkins

Filing 22

DECISION AND ORDER: The government's Motion to Dismiss 19 , 20 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 BARIMAH OTOU ACHAMPONG, Petitioner. Case # 16-CV-6568-FPG Case # 16-CV-6576-FPG v. DECISION AND ORDER TODD TYRON, Facility Director, Buffalo Federal Detention Facility, Respondent. Pro se Petitioner Barimah Otou Achampong (“Petitioner”) has two cases pending in this Court that both seek a Writ of Habeas Corpus. See Case Nos. 16-CV-6568-FPG; 16-CV-6576FPG. Both cases allege that Petitioner was ordered removed to Ghana by the Department of Homeland Security (“DHS”) on June 23, 2015, and further allege that he has remained in the custody of the DHS for over six months pending deportation. Due to this delay, Petitioner seeks to be released from custody pending his deportation. For all practical purposes, the two cases are identical to each other. The government has moved to dismiss both cases because Petitioner has been deported to Ghana, making these actions moot. See ECF Nos. 7, 8 (Case No. 16-CV-6576-FPG); ECF Nos. 19, 20 (Case No. 16-CV-6568-FPG). Petitioner has not responded to either of the government’s motions. “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 Ghana on January 10, 2017 on a flight that departed from John F. Kennedy International Airport. See ECF No. 7 (Case No. 16-CV-6576-FPG); ECF 1    No. 19 (Case No. 16 6-CV-6568-F FPG). As such, these a s actions have become moot, and mu be e ust dismissed d. CON NCLUSION N The governm T ment’s motio to dismi (ECF No 7, 8 in C ons iss os. Case No. 16 6-CV-6576-FPG; ECF Nos 19, 20 in Case No. 16 s. C 6-CV-6568-F FPG) are gra anted, as the cases hav become m ese ve moot. No certif ficate of app pealability sh issue, as Petitioner h failed to make a sub hall s has o bstantial sho owing of a denial of a const titutional righ The Cler of Court is directed to close both m ht. rk s o matters. T DERED. IT IS SO ORD 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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