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JABER v. CHERTOFF

United States District Court, S.D. California


October 4, 2005.

MOHAMED BASIL JABER, Petitioner,
v.
MICHAEL CHERTOFF, Secretary of the Department of Homeland Security; ALBERTO GONZALEZ, Attorney General RON SMITH, SAN DIEGO FIELD OFFICE DIRECTOR, U.S. Immigration and Customs Enforcement, MICHAEL McGEE, Officer-in-Charge, Respondents.

The opinion of the court was delivered by: MARILYN HUFF, Chief Judge

Order DISMISSING Without Prejudice Petition for Writ of Habeas Corpus as MOOT
On August 16, 2005, Petitioner Mohamed Basil Jaber ("Petitioner") filed a petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2241 challenging his continued detention at the detention facility in San Diego. Petitioner is subject to a final order of removal, but claimed that his detainment exceeded the period of time "reasonably necessary" to bring about his removal from the United States and he should therefore be released. (Petition at 4.) On September 27, 2005, Respondent filed its return to the petition for writ of habeas corpus. Respondent represented to the Court that Petitioner was released from custody on or around September 26, 2005. (Gov. Return, Ex. 1 ("Order of Supervision")). Given this evidence of Petitioner's release from custody, the Court DISMISSES without prejudice the petition for writ of habeas corpus as MOOT.

IT IS SO ORDERED.

20051004

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