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Yongmin Xie v. Wesley Lee

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 21, 2011

YONGMIN XIE, PETITIONER,
v.
WESLEY LEE, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Honorable Terry J. Hatter, Jr. Senior United States District Judge

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus and Release from Detention (the "Petition"), and all of the records herein, including the Report and Recommendation of United States Magistrate Judge ("Report and Recommendation") and respondent's Response to Report and Recommendation ("Response"). The Court approves and adopts the United States Magistrate Judge's Report and Recommendation. The Court likewise agrees with respondent that the Petition is moot and that the Court lacks jurisdiction to consider it because the Court cannot afford petitioner, who has now been removed to China, the relief sought therein, i.e., release under ICE supervision pending removal to China.*fn1

IT IS ORDERED that Judgment be entered denying the Petition and dismissing this action without prejudice for lack of prosecution and mootness/lack of jurisdiction.

IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Report and Recommendation, and the Judgment herein on petitioner and on counsel for respondents.

LET JUDGMENT BE ENTERED ACCORDINGLY.


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