Zheng v. Immigration Naturalization Service

Full title: PING WU ZHENG v. IMMIGRATION AND NATURALIZATION SERVICE, et al

Court: United States District Court, E.D. Pennsylvania

Date published: Jul 2, 2004

Civil Action No. 04-333 (E.D. Pa. Jul. 2, 2004)

Opinion

Civil Action No. 04-333.

July 2, 2004

REPORT AND RECOMMENDATION

DIANE WELSH, Magistrate Judge

Ping Wu Zheng (`the petitioner") has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The petitioner is a Chinese citizen who was admitted to the United States as a lawful permanent resident on December 25, 1990. Because of his subsequent conviction for kidnapping in New York, he was ordered removed from the United States in July 1995.

After serving several years of incarceration in New York, he was turned over to the custody of the Bureau of Immigration and Customs Enforcement ("BICE") on June 23, 2003. On January 26, 2004, the petitioner filed his habeas petition. In the petition, he claimed that his continued confinement by the BICE violated the procedural rights the Supreme Court granted to detained, removable aliens in Zadvydas v. Davis, 533 U.S. 678 (2001). On March 31, 2004, the BICE responded to the habeas petition. On April 27, 2004, the court ordered the BICE to provide further documentation concerning the efforts it had made to effectuate the petitioner's removal to China. The court also appointed Stephen J. Britt, Esquire to represent the petitioner.

On May 11, 2004, counsel for all parties entered into a stipulation to dismiss the habeas petition pursuant to Local Rule of Civil Procedure 41.1(b). The parties stipulate that the petitioner is no longer in the BICE's custody and so he has received all the relief he sought in his habeas petition. For this reason, the case can be dismissed. The court will recommend that the Honorable John R. Padova accept the parties' stipulation and dismiss the habeas petition.¹

1 A copy of the parties' stipulation will be attached to this opinion.

The court's recommendation follows.

RECOMMENDATION

AND NOW, this day of May, 2004, for the reasons contained in the preceding Report, it is hereby RECOMMENDED that the parties' stipulation be accepted and the case be dismissed pursuant to Local Rule of Civil Procedure 41.1(b).

ORDER

AND NOW, this day of, 2004, after careful and independent consideration of the petition for a writ of habeas corpus, the memorandum in support, the response thereto, the stipulation of the parties and after review of the Report and Recommendation of Diane M. Welsh, United States Magistrate Judge, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;

2. The stipulation of the parties is ACCEPTED and the petition for a writ of habeas corpus is DISMISSED pursuant to Local Rule of Civil Procedure 41.1(b).