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M. Afif Bakir v. Eric Holder

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


February 17, 2012

M. AFIF BAKIR, PETITIONER,
v.
ERIC HOLDER, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Paul S. Diamond, J.

DECISION

On February 10, 2011, an Immigration Judge ordered Petitioner M. Afif Bakir (a Tunisian citizen) to be deported from the United States. (Doc. No. 3-1 at 2.) On January 17, 2012, Mr. Bakir filed the instant Petition for Writ of Habeas Corpus, alleging he had been detained longer than the presumptively reasonable six-month removal period. (Doc. No. 1.) See 28 U.S.C. § 2241; Zadvydas v. Davis, 533 U.S. 678 (2001); Clark v. Martinez, 543 U.S. 371 (2005). He sought immediate release from custody, an injunction prohibiting Respondents from unlawfully detaining him, and fees and costs. (Id. at 4.)

The Government has informed me that Petitioner was removed to Tunisia on February 7, 2012, thus rendering his Petition moot. (Doc. Nos. 3 at 5; 3-1 at 5.) See Sanchez v. Attorney Gen., U.S., 146 F. App'x 547, 549 (3d Cir. 2005) ("In his habeas petition, [Petitioner] sought release from detention. He has achieved that result."). Accordingly, I will deny his Petition. See Fed. R. Civ. P. 12(b)(1). Because Petitioner is not a "prevailing party," he is not entitled to fees and costs. See 28 U.S.C. § 2412(a)(1). A separate Order follows.

Paul S. Diamond

20120217

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