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RAMIREZ v. I.N.S.

February 16, 2000

VICTOR M. RAMIREZ, PETITIONER,
V.
IMMIGRATION & NATURALIZATION SERVICE, RESPONDENT.



The opinion of the court was delivered by: Baer, District Judge.

ORDER

I referred this habeas corpus petition to Magistrate Judge Peck on September 24, 1999. On October 29, 1999, Judge Peck issued a Report and Recommendation which recommends that petitioner's request for habeas relief be dismissed.

The Report and Recommendation advised the parties of their obligation to file timely objections under Rule, 72 of the Federal Rules of Civil Procedure. To date, no objections have bee received.

I have found no clear error in the Report and Recommendation. Therefore, I adopt the Report and Recommendation in all respects and direct the Clerk of the Court to close this case.

SO ORDERED.

REPORT AND RECOMMENDATION

PECK, United States Magistrate Judge.

Petitioner Victor M. Ramirez brought this petition for a writ of habeas corpus against the Immigration & Naturalization Service, attacking the validity of his removal (i.e., deportation) order. Before the government's response to the petition was due, Ramirez was deported. Accordingly, for the reasons set forth below, Ramirez's petition should be dismissed as moot.

FACTS

Ramirez's pro se habeas corpus petition was received by this Court's Pro Se Office on June 1, 1999. The petition alleges that the INS initiated removal proceedings against Ramirez, a citizen of the Dominican Republic, after his New York conviction for sale of a controlled substance. (Pet. at 1.) The INS transferred Ramirez to the Federal Detention Center ("FDC") in Oakdale, Louisiana. (Pet. at 2-3.) An immigration judge ordered Ramirez removed by decision dated August 10, 1998, affirmed by the Board of Immigration Appeals ("BIA") on March 8, 1999. (Pet. at 2.) On May 6, 1999, the Fifth Circuit dismissed Ramirez's petition for a stay of deportation and review of the BIA's decision. (Pet. at 2 & Ex. A.) Ramirez's current petition alleges that his transfer from New York to Louisiana:

disadvantaged him, notwithstanding he was ordered removed in the State of Louisiana without being given an opportunity to apply for any discretionary relief whatever witnesses evidences, documentation as well as affordable legal representation that would be available to assist Mr Ramirez would be located in the State of New York.

(Pet. at 2.)

On October 12, 1999, the Court ordered the INS to respond to the petition by November 8, 1999. On October 21, 1999, the copy of that Order that had been mailed to Ramirez at the FDC in Louisiana was received by the Court marked "return to sender." Upon further inquiry, the Court's staff was informed by an INS clerk that Ramirez ...


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