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HERNANDEZ v. GONZALES

No. 05-2128.

424 F.3d 42 (2005)

Juan Carlos HERNANDEZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided September 16, 2005.

Attorney(s) appearing for the Case

Kevin L. Barron, Boston, MA, for Petitioner.

Neil Cashman, Boston, MA, Nora Livers, Paralegal, Office of Immigration Litigation, Washington, DC, Mark J. Grady, Boston, MA, for Respondent.

Before BOUDIN, Chief Judge, SELYA and HOWARD, Circuit Judges.

MEMORANDUM AND ORDER

On May 6, 2005, Juan Carlos Hernandez, a Mariel Cuban,1 filed a habeas corpus petition in the district court challenging his continued detention under Clark v. Martinez, ___ U.S. ___, 125 S.Ct. 716, 160 L.Ed.2d 734 (2005). On May 13, 2005, petitioner was released from custody, prompting the respondents to move to dismiss the habeas petition as moot. On July 18, 2005, without ruling on the motion to dismiss...

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