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Bah v. Decker

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 22, 2009

SANUSI BAH, PETITIONER
v.
THOMAS R. DECKER, RESPONDENT

The opinion of the court was delivered by: Magistrate Judge Smyser

Judge Jones

REPORT AND RECOMMENDATION

On June 26, 2009, the petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. At the time he filed his petition, the petitioner was in the custody of the United States Immigration and Customs Enforcement (ICE). He challenged his continued detention by ICE. He sought his immediate release from custody.

On July 17, 2009, the respondent notified the court that, on July 15, 2009, the petitioner was removed from the United States and returned to his native country of Sierra Leone, Africa. The respondent requests that the case be dismissed as moot.

Article III of the Constitution provides that the judicial power of the United State shall extend to "cases" and "controversies." U.S. Constitution, art. III, §2; Rosetti v. Shalala, 12 F.3d 1216, 1223 (3d Cir. 1993). Federal courts lack authority to decide moot cases. Liner v. Jafco, Inc., 375 U.S. 301, 306 n.3 (1964). If events occur during litigation which eliminate the plaintiff's personal stake in the outcome of the suit, the case must be dismissed as moot. Rosetti, supra, 12 F.3d at 1224.

Since the petitioner is no longer in ICE custody his petition challenging his detention is now moot.

Based on the foregoing, it is recommended that the petition for a writ of habeas corpus be dismissed as moot and that the case file be closed.

J. Andrew Smyser Magistrate Judge

20090722

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