MARSHALL W. GARNET, A37-589-836, Petitioner,
ERIC H. HOLDER, JR., Attorney General, and TODD TRYON, Assistant Field Office Director Immigration and Customs Enforcement, Respondents.
JOHN T. CURTIN, District Judge.
Petitioner, Marshall W. Garnet, 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. 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 May 2, 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.
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 ...