Opinion
C.A. No. 02-86 T
April 29, 2002
Report and Recommendation
Morteza Mohseni, pro se, has filed an application with this Court for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, seeking release from INS detention and placed upon supervised release until his removal to Iran can be secured. The Immigration and Naturalization Service ("INS") has moved to dismiss the petition as moot. Mohseni has not objected. This matter has been referred to me pursuant to 28 U.S.C. § 636 (b)(1)(B) for a report and recommendation. For the reasons that follow, I recommend that the instant application be dismissed, without prejudice.
Discussion
Morteza Mohseni, has filed an application for habeas relief pursuant to 28 U.S.C. § 2241. In his one page application, petitioner avers that he "hereby request[s] supervised release from INS detention" and that "there is no significant likelihood of removal in the reasonably foreseeable future." Mohseni avers that the Iranian Embassy will not issue travel documents for his removal.
The INS has moved to dismiss the petition as moot. The INS asserts that the necessary documents have been secured and that his removal to Iran has been arranged to take place within the next two weeks.
Upon consideration that the petitioner's removal from this country is imminent, and of the petitioner's relief requested (to be released pending removal), I recommend that the instant habeas petition be dismissed without prejudice. If the petitioner is not removed from this country within the two week time frame set forth by the government, he may re-file his application for habeas relief.
Conclusion
For the reasons stated above, I recommend that instant habeas petition be dismissed without prejudice. Any objection to this Report and Recommendation must be specific and must be filed with the Clerk of Court within ten days of its receipt. Fed.R.Civ.P. 72(b); Local Rule 32. Failure to file timely, specific objections to this report constitutes waiver of both the right to review by the district court and the right to appeal the district court's decision. United States v. Valencia-Copete, 792 F.2d 4 (1st Cir. 1986) (per curiam); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d 603 (1st Cir. 1980).