Opinion
Case No. 06-11169.
June 29, 2006
OPINION AND ORDER GRANTING RESPONDENT'S MOTION TO DISMISS
On March 20, 2006, Petitioner filed a petition for habeas corpus, alleging that a removal order was issued against him, but that he had been held in immigration custody for over six months without being removed. On May 3, 2006, Respondent filed a motion to dismiss based on improper venue. Petitioner did not respond, and the Court issued a show cause order, with a response required by June 22, 2006. The show cause order was returned as undeliverable. Respondent filed a supplemental brief informing the Court that Petitioner was removed to Uganda on May 19, 2006.
Respondent argues that the petition is now moot, because Petitioner did not contest the validity of the removal order, but rather his continued detention by immigration authorities. The Court agrees. A case must be dismissed as moot when the Court "cannot grant `any effectual relief whatever.'" Calderon v. Moore, 518 U.S. 149, 150 (1996) (citation omitted). Because Petitioner obtained the remedy he requested, removal, the Court cannot grant any effectual relief, and the petition is HEREBY DISMISSED without prejudice.
IT IS SO ORDERED.