Ruhul Hark v. Sessions et al

Filing 8

Order and Decision granting Government's motion to dismiss for lack of jurisdiction. (Related Doc # 6 ). Judge John R. Adams on 9/29/17.(K,C)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

Mohammed Awal Ruhul Hark,

Petitioner,
v.
Jeff Sessions, et al.,

Respondents.

)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO: 4:17CV1372

JUDGE JOHN ADAMS
ORDER AND DECISION

(Resolving Doc. 6)

On June 28, 2017, Petitioner Mohammed Awal Ruhul Hark filed the pending §
2241 petition. In his petition, Hark sought an order that compelled his release from the
custody of United States Immigration and Customs Enforcement. Hark alleged that he
had been in ICE custody since August 14, 2016 and that his removal to his home country
of Ghana was not in the reasonably foreseeable future.
On September 7, 2017, the Government moved to dismiss this matter. Doc. 6. In
so doing, the Government noted that Hark was removed from the country pursuant to his
final order of removal on August 29, 2017.

Upon review, the motion to dismiss is well taken. Hark’s removal from the
country renders moot any request that he be released from ICE’s custody. Accordingly,
this matter no longer presents a live case or controversy. The Government’s motion to
dismiss is GRANTED. The petition, therefore, is hereby dismissed without prejudice as
moot.
IT IS SO ORDERED.

September 29, 2017
Date

____/s/ Judge John R. Adams_______
JUDGE JOHN R. ADAMS
UNITED STATES DISTRICT COURT

2