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Michael v. Mule

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


February 7, 2008

ZIMRAN MICHAEL, A99-756-584, PETITIONER,
v.
CHARLES MULE, FACILITIES DIRECTOR, BUFFALO FEDERAL DETENTION FACILITY; DAVID VENTURELLA, DIRECTOR, POST-ORDER DETENTION UNIT, BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT; WILLIAM CLEARY, DISTRICT DIRECTOR DRO FIELD OFFICE; ALBERTO GONZALES, ATTORNEY GENERAL OF THE UNITED STATES, RESPONDENTS.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

By notice of motion filed February 5, 2008 (Dkt. #9), respondents moved to dismiss this petition, which had been filed pursuant to 28 U.S.C. § 2241, on the grounds that the petition is now moot. Based on the affidavit of Assistant United States Attorney Gail Y. Mitchell, I agree with respondents that the petition is indeed moot because petitioner has obtained the relief that he sought, that is, release from administrative custody pending his deportation. Based on that administrative decision releasing petitioner, the petition is moot and is therefore dismissed.

CONCLUSION

The petition of Zimran Michael for relief under 28 U.S.C. § 2241 is dismissed.

IT IS SO ORDERED.

20080207

© 1992-2008 VersusLaw Inc.



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