United States District Court, M.D. Pennsylvania
October 14, 2005.
JOSEPH ALVA,[fn1] Petitioner
ALBERTO GONZALES, ET AL., Respondents.
The opinion of the court was delivered by: EDWIN KOSIK, Senior District Judge
*fn1 Alva also goes by the name of "Alva Joseph."
Joseph Alva, at the time a detainee of the Bureau of
Immigration and Customs Enforcement (BICE) confined at the York
County Prison, Pennsylvania, filed this petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241. In the petition, he
challenges his continued detention by BICE pending his removal to
Antigua-Barbuda. Along with his petition, he has submitted a
motion seeking leave to proceed in forma pauperis in this
matter. (Doc. 2.) For the reasons that follow, the motion to
proceed in forma pauperis will be granted for the sole
purpose of filing this petition, and the petition will be
dismissed as moot.
In his petition, Alva states that he is challenging his
excessive continued detention by BICE pending his removal. He
claims that because there is no reasonable likelihood that he
will be removed in the foreseeable future, that he should be
released on supervision pending his removal. In this action he does not challenge the removal order, but
rather, only his continued detention pending removal, and as
relief seeks to be released on supervision. At the time he filed
this action, he was still detained by BICE at the York County
Prison. On July 12, 2005, Alva was released on supervision. He
now lives in Bronx, New York. He advised the court of his new
address in another action he presently has pending with the
court, Joseph v. Department of Justice, et al., Civil Action
No. 3:05-CV-1129 (M.D. Pa. 2005) (Doc. 10.). Today the court
contacted the York County Prison to verify Alva's present
whereabouts. The court was informed that Alva was in fact no
longer in BICE custody, but rather, was released on parole
supervision on July 12, 2005, and living in Bronx, New York.
Because Alva has received the relief he seeks in the petition,
specifically release on supervision, the petition will be
dismissed as moot.
ACCORDINGLY, THIS 13th DAY OF OCTOBER, 2005, IT IS HEREBY
1. The motion to proceed in forma pauperis
(Doc. 2) is granted for the sole purpose of filing
2. The petition is dismissed as moot.
3. The Clerk of Court is directed to close this case.
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