Gomes v. Lowe
Filing
10
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 8/27/18. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WALDIER DE SOUZA-GOMES,
Petitioner
v.
CRAIG A. LOWE, WARDEN,
Respondent
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CIVIL NO. 1:18-CV-354
(Chief Judge Conner)
ORDER
AND NOW, this 27th day of August, 2018, upon consideration of the petition
for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1), wherein petitioner,
Waldier De Souza-Gomes, challenges the constitutionality of his prolonged
detention by the United States Immigration and Customs Enforcement (“ICE”), and
upon further consideration of respondent’s suggestion of mootness indicating that
petitioner was removed from the United States on August 8, 2018, see (Doc. 9; Doc.
9-1, Warrant of Removal/ Deportation), and is no longer in ICE custody, 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
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