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Fu v. Ridge

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


October 24, 2006

HAI CI FU, PETITIONER,
v.
TOM RIDGE, ET AL., RESPONDENTS.

The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITHOUT PREJUDICE AS MOOT

On April 5, 2006, petitioner Hai Ci Fu filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 in case number 06-CV-794*fn1 seeking release from Department of Homeland Security custody. Petitioner, a citizen of China is under an order of removal based upon prior criminal convictions. Petitioner contends he cannot be removed to his country of origin in the reasonably foreseeable future. Petitioner argues his continued detention beyond the statutory removal period is not lawful on the basis that there is no reasonable likelihood that he can be repatriated to his native China.

On October 19, 2006, after the petition was fully briefed, the government filed an updated return which stated that "on or about October 12, 2006, petitioner was released from custody." (Updated Return at 1). The government provided a Release Notification dated October 11, 2006 in support of its statement that petitioner has been released. (Exh. 1, Updated Return). Because petitioner has obtained the relief he sought in his petition for writ of habeas corpus, the petition is now moot.

Based on the foregoing, IT IS ORDERED dismissing the above-captioned petition without prejudice as moot.

IT IS FURTHER ORDERED directing the Clerk of the Court to close this case.

IT IS SO ORDERED.


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