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TCHOUATEU v. IMMIGATION AND NATURALIZATION SERVICE

United States District Court, W.D. New York


June 21, 2005.

FRANCIS KEUTCHA TCHOUATEU, Petitioner,
v.
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 case.

  IT IS SO ORDERED


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