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