United States District Court Southern District of New York
May 21, 2012
CHRISTOPHER SHANAHAN, ET AL., RESPONDENTS.
The opinion of the court was delivered by: John G. Koeltl, District Judge:
MEMORANDUM OPINION AND ORDER
On April 27, 2012, the Government requested that the petitioner's petition be dismissed as moot because he is no longer in custody. The Government represented that in April the petitioner's case had been reviewed by ICE, and that ICE had subsequently determined that the petitioner should be released. See Letter dated April 27, 2012, Rauf v. Shanahan, No. 11 Civ. 7775, Docket No. 17 (S.D.N.Y. Apr. 30, 2012).
The Government represented that the petitioner had in fact been released from detention. Id. The Government's letter was copied to the petitioner at an address in Brooklyn. Id. The Court requested that the petitioner respond to the Government's request by May 11, 2012, and the petitioner has not responded. Id.
When a habeas petitioner challenges only the lawfulness of his or her detention, and the petitioner is subsequently released from detention, the petition is rendered moot and
© 1992-2012 VersusLaw Inc.