October 30, 2013
MOHINA NOOR MUKOMA, A94-662-916, Petitioner,
ERIC H. HOLDER, Attorney General of the United States, et al., Respondents.
JOHN T. CURTIN, District Judge.
Petitioner, Muhina Noor Mukoma (a/k/a Noor Mukoma Muhina), 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 ("DHS/ICE") pending removal. Item 1. Respondents have filed a motion to dismiss the petition as moot inasmuch as petitioner has been released from the custody of DHS/ICE pursuant to conditions of release under an Order of Supervision on or about October 21, 2013. Item 4 (Affidavit of Gail Y. Mitchell, Esq.), ¶¶ 4-8. Respondents' counsel has submitted a copy of the Order of Supervision verifying the petitioner's release. Id., Exh. A.
Accordingly, in light of the fact that petitioner has been released from administrative detention and he no longer is in the custody of the Department of Homeland Security, the respondents' motion to dismiss the petition is granted and the petition is dismissed.
The Clerk of the Court is directed to forward a copy of this Order to petitioner at the address set forth in the Order of Supervision:
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.