United States District Court, W.D. New York
June 21, 2005.
FRANCIS KEUTCHA TCHOUATEU, Petitioner,
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
The opinion of the court was delivered by: VICTOR BIANCHINI, Magistrate Judge
DECISION AND ORDER
On July 11, 2002, Francis Keutcha Tchouateu ("Petitioner")
filed a pro se petition for habeas corpus pursuant to
28 U.S.C. § 2241 seeking release from federal detention. See Docket #1.
The parties have consented to disposition of this matter by the
undersigned pursuant to 28 U.S.C. § 636(b). See Docket #5.
Petitioner had been detained after the Immigration and
Naturalization Service ("INS") ordered him removed from the
United States. Petitioner requested relief under
8 C.F.R. § 241.4(A) which provides for a discretionary release from custody
under an order of supervision when the 90-day period following
the order of removal has expired. On September 27, 2002,
Respondent filed a motion to dismiss the petition on the basis
that Petitioner's release from custody rendered the petition
moot.*fn1 See Docket #8.
A case becomes moot "`when the issues presented are no longer
"live" or the parties "lack a legally cognizable interest in the
outcome."'" New York City Employees' Retirement System v. Dole Food Co., Inc., 969 F.2d 1430, 1433 (2d Cir.
1992) (quoting Blackwelder v. Safnauer, 866 F.2d 548, 551 (2d
Cir. 1989) (in turn quoting Murphy v. Hunt, 455 U.S. 478, 481
(1982) (per curiam) and citing Jefferson v. Abrams,
747 F.2d 94, 96 (2d Cir. 1984)). When this occurs, the Constitution's case
or controversy requirement, U.S. Const. Art. III, § 2, is not
satisfied, and a federal court lacks subject matter jurisdiction
over the action. Dole Food Co., 969 F.2d at 1433 (citing
Blackwelder, 866 F.2d at 550; Jefferson, 747 F.2d at 96).
Because Petitioner has obtained the relief originally sought in
his habeas corpus petition, namely, release from custody, the
petition is now moot. See Martin-Trigona v. Shiff,
702 F.2d 380, 386 (2d Cir. 1983) ("The hallmark of a moot case or
controversy is that the relief sought can no longer be given or
is no longer needed.").
Therefore, Respondent's motion to dismiss the petition as moot
is GRANTED. The Clerk of the Court is directed to close this
IT IS SO ORDERED