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Nguijol v. Mukasey

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


November 24, 2008

EMMANUEL NGUIJOL, PETITIONER
v.
MICHAEL B. MUKASEY, IMMIGRATION AND CUSTOMS ENFORCEMENT, AND DEPARTMENT OF HOMELAND SECURITY RESPONDENTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 24th day of November, 2008, upon consideration of the report of the magistrate judge (Doc. 12), recommending that petitioner's petition for a writ of habeas corpus (Doc. 1) be dismissed, to which no objections were filed, and following an independent review of the record, it appearing that petitioner filed the instant petition as a challenge to his detention pending removal, and not as a challenge to removal,*fn1 see, e.g., Lindaastuty v. Attorney Gen., 186 F. App'x 294, 298 (3d Cir. 2006) (concluding that petitioner's deportation rendered his petition challenging detention following removal proceedings moot); Felix v. Bureau of Immigration & Customs Enforcement, Civ. A. No. 3:05-2211, 2007 WL 951425 (M.D. Pa. Mar. 27, 2007), and the court concluding that the petition is moot because petitioner achieved the relief sought in his petition when he was released from custody and deported on April 11, 2008,*fn2 (see Doc. 11), it is hereby ORDERED that:

1. The report and recommendation of the magistrate judge (Doc. 12) is ADOPTED.

2 The petition for a writ of habeas corpus (Doc. 1) is DISMISSED as moot.

3. The Clerk is directed to CLOSE this case.


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