UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
May 1, 2013
VLADIMIR ZHADAN, A88-440-632, PETITIONER,
ERIC H. HOLDER, ATTORNEY GENERAL OF THE UNITED STATES, ET AL., RESPONDENTS.
The opinion of the court was delivered by: John T. Curtin United States District Judge
Petitioner, Vladimir Zhadan, filed a petition for habeas corpus
relief, pursuant to 28 U.S.C. § 2241, challenging his continued
administrative detention in the custody of the Department of Homeland
Security/Immigration and Customs Enforcement (collectively, "DHS")
pending removal to his native country. Item 1. *fn1
Respondents have filed a motion to dismiss the petition
as moot inasmuch as petitioner has been released from administrative
custody pursuant to an Order of Supervision and Addendum executed on
April 18, 2013. Item 4 (Affidavit of Gail Y. Mitchell, Esq.), ¶¶ 2-4.
Respondents' counsel has submitted a copy of the Order and Addendum
verifying the petitioner's release and the conditions of supervision
imposed. Id. , Exh. A (Item 4-1).
Accordingly, in light of the fact that petitioner no longer is in DHS' custody, the relief requested in the petition has been granted, and the petition has been rendered moot. Respondents' motion to dismiss the petition is therefore granted, and the petition is dismissed. *fn2
The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this judgment would not be taken in good faith and therefore denies leave to appeal as a poor person. Coppedge v. United States , 369 U.S. 438 (1962).
Petitioner must file any notice of appeal with the Clerk's Office, United States District Court, Western District of New York, within sixty (60) days of the date of judgment in this action. Requests to proceed on appeal as a poor person must be filed with the United States Court of Appeals for the Second Circuit in accordance with the requirements of Rule 24 of the Federal Rules of Appellate Procedure.
IT HEREBY IS ORDERED, that the petition is dismissed; and FURTHER, that leave to appeal as a poor person is denied.
John T. Curtin