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Paraison v. Holder

United States District Court, S.D. New York
May 26, 2010
09 Civ. 10283 (RMB) (FM) (S.D.N.Y. May. 26, 2010)

Opinion

09 Civ. 10283 (RMB) (FM).

May 26, 2010


ORDER


On March 23, 2010, Magistrate Judge Frank Maas, to whom this matter had been referred, issued a report and recommendation ("Report") recommending that the Court grant Respondents' application, dated March 22, 2010, to dismiss as moot the petition, dated November 2, 2009, which had sought Petitioner's release from detention pursuant to 28 U.S.C. § 2241. (Report at 2; see also Petition at 3.) Judge Maas properly determined that Petitioner "is no longer in [U.S. Immigration and Customs Enforcement] custody" and, consequently, that "his petition challenging the constitutionality of that detention has been rendered moot." (Report at 2); see Karamoke v. U.S. Homeland Sec., No. 09 Civ. 4089, 2009 WL 2575886, at *1 (S.D.N.Y. Aug. 20, 2009) ("When a habeas petitioner challenges solely his detention, but is subsequently released prior to removal, courts routinely dismiss the petition as moot, finding no persisting case in controversy."); Masoud v. Filip, No. 08 Civ. 6345, 2009 WL 223006, at *6 (W.D.N.Y. Jan. 27, 2009). To date, neither party has filed objections to the Report.

Order

For the reasons stated herein and in the Report, the Report is adopted in its entirety and the Petition is denied as moot. The Clerk of Court is respectfully requested to close this case.


Summaries of

Paraison v. Holder

United States District Court, S.D. New York
May 26, 2010
09 Civ. 10283 (RMB) (FM) (S.D.N.Y. May. 26, 2010)
Case details for

Paraison v. Holder

Case Details

Full title:KEN PARAISON, Petitioner, v. ERIC HOLDER, JR., ATTORNEY GEN., et al.…

Court:United States District Court, S.D. New York

Date published: May 26, 2010

Citations

09 Civ. 10283 (RMB) (FM) (S.D.N.Y. May. 26, 2010)