PAK v. IMMIGRATION AND CUSTOMS ENFORCEMENT

Case No. SA CV 17-117 RGK (MRW).

SAO PAK, Petitioner, v. IMMIGRATION AND CUSTOMS ENFORCEMENT, Respondent.

United States District Court, C.D. California.

Editors Note
Applicable Law: 28 U.S.C. § 2241
Cause: 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federal)
Nature of Suit: 463 Habeas Corpus - Alien Detainee
Source: PACER


Attorney(s) appearing for the Case

Sao Pak, Petitioner, Pro Se.

Immigration and Custom Enforcements, Respondent, represented by Robert Ira Lester , Office of US Attorney.


ORDER DISMISSING ACTION WITHOUT PREJUDICE

FRCP 41(b)

R. GARY KLAUSNER, District Judge.

The Court dismisses this action without prejudice. When Petitioner filed this action, he was an immigration detainee who sought federal habeas corpus review of his detention. (Docket # 1.)

However, after answering the petition, the government provided proof that Petitioner was recently removed from the United States and sent to Cambodia; he is no longer in immigration custody. (Docket # 15-1 at 2-4.) That renders this action moot.

Federal Rule of Civil Procedure 41(b) allows a court to dismiss an action if a litigant "fails to prosecute or to comply with these rules or a court order." It is apparent that Petitioner is unable to pursue habeas relief any further. Given the circumstances of the action, the Court concludes that the dismissal request should be granted. It is appropriate to dismiss the action without prejudice.

IT IS SO ORDERED.


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