United States District Court, W.D. New York
June 20, 2005.
SHAWN ALLEN, Petitioner,
JOHN ASHCROFT, Attorney General of the United States, Respondent.
The opinion of the court was delivered by: MARIAN W. PAYSON, Magistrate Judge
DECISION & ORDER
On May 28, 2002, petitioner, pro se, filed the instant
petition for a writ of habeas corpus, pursuant to
28 U.S.C. § 2241. In such petition, petitioner challenges his continued
administrative custody pending removal to his native county of
Guyana, claiming that his removal is not likely to occur within
the foreseeable future. (Docket # 1). The parties have consented
to have a United States Magistrate Judge conduct all further
proceedings in this case, including the entry of judgment, in
accordance with 28 U.S.C. § 636(c). (Docket # 6).
Currently before this Court is respondent's request to dismiss
the petition for a writ of habeas corpus. (Docket # 11).
According to respondent, petitioner was removed to Guyana on
December 9, 2002, pursuant to a final order of removal. (Docket #
11, Richards Aff. at ¶ 5). Because petitioner has not challenged
his underlying order of removal, but merely challenged his
detention pending such removal, and because petitioner has been
removed from this country and is thus no longer detained, I find
his petition moot. Accordingly, petitioner's petition for a writ of habeas corpus
(Docket # 1) is DENIED.
IT IS SO ORDERED.
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