Francis v. Barr et al
Filing
10
DECISION AND ORDER granting 8 Respondents' Motion to Dismiss. The petition is DISMISSED, and the Clerk of Court is directed to enter judgment and close this case. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/15/2019. A copy of the NEF and order have been mailed to Petitioner's last known address. (MFM)-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
LLOYD THOMPSON FRANCIS,
Petitioner,
Case # 19-CV-6282-FPG
v.
DECISION AND ORDER
WILLIAM P. BARR, et al.,
Respondents.
Petitioner Lloyd Thompson Francis brought this petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2241, challenging his continued detention at the Buffalo Federal Detention
Facility. ECF No. 1. Respondents have notified the Court that on July 9, 2019, Petitioner was
removed from the United States. See ECF No. 8-3 at 3. Respondents now move to dismiss the
petition, arguing that Petitioner’s removal renders the case moot. ECF No. 8. Because the Court
agrees, Respondents’ motion is GRANTED.
“[A] case is moot when the issues presented are no longer live or the parties lack a legally
cognizable interest in the outcome.” Cuong Le v. Sessions, No. 17-cv-1339, 2018 WL 5620290,
at *2 (W.D.N.Y. Oct. 29, 2018). To the extent a habeas petition challenges only the alien’s
continued detention, the petition becomes moot once the petitioner is removed. See, e.g., Torres
v. Sessions, No. 17-CV-1344, 2018 WL 5621475, at *2 (W.D.N.Y. Oct. 29, 2018) (collecting
cases); Garcia v. Holder, No. 12 Civ. 3792, 2013 WL 6508832, at *2 (S.D.N.Y. Dec. 11, 2013)
(same). This is because the relief sought in the “habeas proceeding—namely, release from
continued detention in administrative custody—has been granted.” Arthur v. DHS/ICE, 713 F.
Supp. 2d 179, 182 (W.D.N.Y. 2010).
Accordingly, Petitioner’s challenge to his continued detention has become moot in light of
his removal from the United States, and his petition is dismissed. See id.
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CONCLUSION
For the foregoing reasons, Respondents’ motion to dismiss (ECF No. 8) is GRANTED,
and the petition is DISMISSED. The Clerk of Court is directed to enter judgment and close this
case.
IT IS SO ORDERED.
Dated: July 15, 2019
Rochester, New York
______________________________________
HON. FRANK P. GERACI, JR.
Chief Judge
United States District Court
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