Opinion
C23-38-RSL-BAT
02-03-2023
VLADIMIR BELOUSOV, Plaintiff, v. MERRICK B. GARLAND, et al., Defendants.
ORDER OF DISMISSAL
ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE
Having reviewed the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, any objections or responses to the Report and Recommendation, and the remaining record, the Court finds and ORDERS:
(1) The Court ADOPTS the Report and Recommendation with the following clarifications:
a. The Court agrees that because the relief requested by petitioner was an order for defendants either to (1) effectuate the Immigration Judge's valid order of removal and repatriate petitioner to Russia; or (2) release petitioner from DHS/ICE administrative custody, see Dkt. # 1 at 4, the fact that petitioner has been released from ICE custody on an order of supervision, see Dkt. # 7 at 1, renders this case moot. See Abdala v. INS, 488 F.3d 1061, 1065 (9th Cir. 2007) (finding where habeas petition “challenged only the length of his detention at the INS facility,” petitioner's subsequent deportation rendered the case moot).
b. Petitioner brings his petition under 28 U.S.C. § 2241.
(2) The case is dismissed without prejudice.
(3) The Clerk is directed to send copies of this Order to the parties and to Judge Tsuchida.
IT IS SO ORDERED.