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Bouguerne v. Chertoff

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


June 10, 2008

ACHOUR BOUGUERNE, PETITIONER,
v.
MICHAEL CHERTOFF, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Hayes, Judge

ORDER

On January 15, 2008, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. # 1). The Petition alleges that Petitioner's continued and indefinite detention pursuant to 8 U.S.C. § 1231 is unlawful because Petitioner has been detained beyond the presumptively reasonable period of six months and there is no significant likelihood of his removal in the reasonably foreseeable future. See Zadvydas v. Davis, 533 U.S. 678 (2001). On April 17, 2008, this Court issued an order to show cause requiring Respondents to answer the Petition (Doc. # 8). On May 12, 2008, Respondents answered the order to show cause by stating that the decision had been made to release Petitioner from custody and that "[u]pon Bouguerne's release," Respondents would "request dismissal for mootness" (Docs. # 9). On May 13, 2008, Respondents filed a notice of release from custody, which notified the Court that Petitioner had been released from Respondents' custody (Doc. # 10). On June 6, 2006, Petitioner filed a traverse, which states that "[b]ecause Petitioner was released from Respondents' custody on an order of supervision on May 13, 2008, the Petition should be dismissed without prejudice as moot" (Doc. # 11).

As Petitioner has been released from Respondents' custody, the Court concludes that Petitioner's Petition for Writ of Habeas Corpus pursuant to § 2241 is moot. The Petition for Writ of Habeas Corpus (Doc. # 1) is hereby DISMISSED without prejudice as moot.

IT IS SO ORDERED.

WILLIAM Q. HAYES United States District Judge

20080610

© 1992-2008 VersusLaw Inc.



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