Opinion
Case No. 19-CV-289 (NEB/SER)
08-19-2019
Mubaraka I., Petitioner, v. KEVIN MCALEENAN, Acting Secretary of Homeland Security; WILLIAM BARR, United States Attorney General; PETER BERG, ICE Field Office Director; and JOEL BROTT, Sherburne County Sheriff, Respondents.
ORDER ACCEPTING REPORT AND RECOMMENDATION
This is a habeas action brought under 28 U.S.C. § 2241 by Petitioner Mubaraka I., a removable alien who, since filing his petition, was removed to Ghana. In an August 1, 2019 Report and Recommedation [ECF No. 16 ("R&R")], United States Magistrate Judge Steven E. Rau recommended that the petition be denied as moot and that the suit be dismissed without prejudice because Petitioner was returned to Ghana and the Court cannot give him the relief he seeks—an order requiring immediate release pending removal. No party filed objections. The Court accepts the R&R and orders as follows:
IT IS HEREBY ORDERED that the Petition [ECF No. 1] is DENIED AS MOOT and this action is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: August 19, 2019
BY THE COURT:
s/Nancy E. Brasel
Nancy E. Brasel
United States District Judge