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Nguyen v. Mukasey

July 8, 2009

NHAT NGUYEN, PETITIONER
v.
MICHAEL MUKASEY, RESPONDENT



The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 8th day of July, 2009, upon consideration of the petition for writ of habeas corpus (Doc. 1), in which petitioner seeks release from indefinite detention in accordance with Zadvydas v. Davis, 533 U.S. 678 (2001), while awaiting removal to Vietnam pursuant to a final order of removal, and upon further consideration of respondent's response (Doc. 6), in which he notifies the court that petitioner has been released from the Bureau of Immigration and Customs Enforcement ("ICE") custody pursuant to an order of supervision (Doc. 6-2, at 3), thereby rendering the petition (Doc. 1) moot, see Khodara Envtl., Inc. ex rel. Eagle Envtl., L.P. v. Beckman, 237 F.3d 186, 192-93 (3d Cir. 2001) ("Article III of the Constitution grants the federal courts the power to adjudicate only actual, ongoing cases or controversies."); Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996) ("If developments occur during the course of adjudication that eliminate a plaintiff's personal stake in the outcome of a suit or prevent a court from being able to grant the requested relief, the case must be dismissed as moot."), it is hereby ORDERED that:

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

2. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge

20090708

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