United States District Court, S.D. California
October 4, 2005.
MOHAMED BASIL JABER, Petitioner,
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. § 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.
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