BAKIR v. HOLDER et al

Filing 4

DECISION, FILED. 2/17/12 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
M. AFIF BAKIR,
Petitioner,
v.
ERIC HOLDER, et al.,
Respondents.

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CIVIL NO. 12-271

DECISION
On February 10, 2011, an Immigration Judge ordered Petitioner M. Afif Bakir (a
Tunisian citizen) to be deported from the United States. (Doc. No. 3-1 at 2.) On January 17,
2012, Mr. Bakir filed the instant Petition for Writ of Habeas Corpus, alleging he had been
detained longer than the presumptively reasonable six-month removal period. (Doc. No. 1.) See
28 U.S.C. § 2241; Zadvydas v. Davis, 533 U.S. 678 (2001); Clark v. Martinez, 543 U.S. 371
(2005). He sought immediate release from custody, an injunction prohibiting Respondents from
unlawfully detaining him, and fees and costs. (Id. at 4.)
The Government has informed me that Petitioner was removed to Tunisia on February 7,
2012, thus rendering his Petition moot. (Doc. Nos. 3 at 5; 3-1 at 5.) See Sanchez v. Attorney
Gen., U.S., 146 F. App’x 547, 549 (3d Cir. 2005) (“In his habeas petition, [Petitioner] sought
release from detention. He has achieved that result.”). Accordingly, I will deny his Petition. See
Fed. R. Civ. P. 12(b)(1). Because Petitioner is not a “prevailing party,” he is not entitled to fees
and costs. See 28 U.S.C. § 2412(a)(1). A separate Order follows.

/s/ Paul S. Diamond
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Paul S. Diamond, J.