Opinion
CIVIL ACTION NO. 3:19-CV-796
06-11-2019
YASSIN AREF, Petitioner, v. WARDEN CLAIR DOLL, et al. Respondents.
(MUNLEY, J.)
() REPORT AND RECOMMENDATION
On May 9, 2019, the Court received and filed the instant pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, submitted by counsel on behalf of Petitioner, Yassin Aref. (Doc. 1). At the time of filing, Aref, a native and citizen of Iraq, was being held in the custody of United States Immigration and Customs Enforcement ("ICE") at York County Prison, located in York County, Pennsylvania. In his petition, Aref challenged his continued detention in ICE custody after entry of a final removal order. He did not challenge the legality of the removal order itself.
On May 29, 2019, the Court granted an extension of time for Respondents to file a response to the petition, and also scheduled an evidentiary hearing on the issues raised in the petition. On June 4, 2019, a response to the petition was filed. On June 7, 2019, the evidentiary hearing was conducted but, as counsel for Respondents represented on the record for the first time that Petitioner was scheduled to be removed on or before June 14, 2019, no testimony or other evidence was introduced. The Court issued an Order holding any ruling on the Petition in abeyance until on or before June 14, 2019.
On June 10th and 11th, 2019, correspondence between counsel for the parties and the Court confirmed that Aref's removal did occur as scheduled. A check of the Online Detainee Locator System confirms that Aref is no longer in ICE custody. As such, because Aref "has already been deported and is, therefore, no longer in custody, the challenge to [his] detention is moot and the habeas petition must be dismissed." Lindaastuty v. Attorney Gen., 186 Fed. App'x 294, 298 (3d Cir. 2006); Audain v. Decker, No. 3:12-CV-02301, 2013 WL 5656128, at *2 (M.D. Pa. Oct. 15, 2013).
Based on the foregoing, it is recommended that the petition (Doc. 1) and motion to compel (Doc. 17) be DISMISSED AS MOOT and the case file be closed. Dated: June 11, 2019
/s/ _________
KAROLINE MEHALCHICK
United States Magistrate Judge NOTICE
NOTICE IS HEREBY GIVEN that the undersigned has entered the foregoing Report and Recommendation dated June 11, 2019. Any party may obtain a review of the Report and Recommendation pursuant to Rule 72.3, which provides:
Any party may object to a magistrate judge's proposed findings, recommendations or report addressing a motion or matter described in 28 U.S.C. § 636(b)(1)(B) or making a recommendation for the disposition of a prisoner case or a habeas corpus petition within fourteen (14) days after being served with a copy thereof. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections. The briefing requirements set forth in Local Rule 72.2 shall apply. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions.Dated: June 11, 2019
/s/ _________
KAROLINE MEHALCHICK
United States Magistrate Judge
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