Hussain v. Lowe et al

Filing 18

ORDER DISMISSING petition for writ of habeas corpus 1 as MOOT & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/6/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MUNIR HUSSAIN,
Petitioner
v.
CRAIG A. LOWE, et al.,
Respondents

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CIVIL NO. 1:16-CV-2499
(Chief Judge Conner)

ORDER
AND NOW, this 6th day of November, 2017, upon consideration of the
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1), wherein
petitioner, Munir Hussain, challenges the constitutionality of his prolonged
detention by the United States Immigration and Customs Enforcement, and upon
further consideration of respondents’ suggestion of mootness indicating that
petitioner was removed from the United States on October 28, 2017, see (Doc. 17,
Ex. 1, Warrant of Removal/Deportation), which renders the petition moot, see
Khodara Envtl., Inc. ex rel. Eagle Envtl., L.P. v. Beckman, 237 F.3d 186, 192-93 (3d
Cir. 2001) (“Article III of the Constitution grants the federal courts the power to
adjudicate only actual, ongoing cases or controversies.”); Blanciak v. Allegheny

Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996) (“If developments occur during the
course of adjudication that eliminate a plaintiff’s personal stake in the outcome of a
suit or prevent a court from being able to grant the requested relief, the case must
be dismissed as moot.”), it is hereby ORDERED that:
1.

The petition for writ of habeas corpus (Doc. 1) is DISMISSED as moot.

2.

The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania