Opinion
Case No. 4:08cv110-WS/WCS.
June 16, 2008
REPORT AND RECOMMENDATION
Petitioner, proceeding pro se, filed a petition seeking a writ of habeas corpus under § 2241, doc. 1, on March 11, 2008. Petitioner asserted he was being held in indefinite detention and claimed that Respondents were unable to remove him. Id. Petitioner sought relief under Zadvydas v. Davis, 533 U.S. 678 (2001), to his continued detention. Id.
On June 13, 2008, Respondents filed a motion to dismiss, doc. 17, which advises that Petitioner was "removed from the United States to Panama on May 29, 2008." Doc. 17, p. 1. Because Petitioner has been removed, Respondents contend that this case is moot and should be dismissed as there is nothing left for this Court to remedy. Id., at 2. Respondents do not provide an address for Petitioner in Panama, but attached to the motion is an exhibit showing Petitioner left the United States from the Orlando Airport on May 29th. Id.
REPORT AND RECOMMENDATION
Consequently, it is respectfully RECOMMENDED that the § 2241 petition filed by Petitioner Roberto Villalba, Alien #A14-543,512, be DISMISSED as moot since it appears he has been removed from the United States.