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Ling v. Mule

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


May 17, 2007

MR. ZHENG TIAN LING, A76-627-381, PETITIONER,
v.
CHARLES MULE, FACILITIES DIRECTOR FOR THE BUFFALO FEDERAL DETENTION FACILITY, ET AL., RESPONDENTS.

The opinion of the court was delivered by: William M. Skretny United States District Judge

DECISION and ORDER

Petitioner, Zheng Tian Ling, filed a petition for habeas corpus relief, pursuant to 28 U.S.C. § 2241, challenging his continued administrative custody/detention pending removal. (Docket No. 1).*fn1 Respondents have filed a motion to dismiss the petition as moot inasmuch as petitioner's removal to his native country was effected on or about March 26, 2007 by the Department of Homeland Security/Immigration and Customs Enforcement ("DHS/ICE"). (Docket No. 4, Exhibit A). Respondents' counsel has submitted a copy of the Warrant/Removal of Deportation of DHS/ICE verifying the petitioner's removal. ( Id.

Accordingly, in light of the fact that petitioner's removal has been effected and that the relief requested in the petition has been granted, i.e. , release from detention, the respondents' motion to dismiss the petition is granted and the petition is dismissed.

SO ORDERED.


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