United States District Court, D. New Jersey
KEVIN McNULTY, District Judge.
Petitioner, Pascal Jacques Dubois, was previously in custody as an immigration detainee at the Essex County Correctional Facility in Newark, New Jersey. Mr. Dubois is a native and citizen of Morocco. He is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241, seeking his release from immigration detention. For the following reasons, the habeas petition will be dismissed as moot.
Mr. Dubois was placed into immigration custody on March 29, 2013 after completing a state criminal sentence. On December 17, 2013, an Immigration Judge ordered Mr. Dubois removed from the United States. Mr. Dubois waived his right to appeal.
On June 16, 2014, the Court received petitioner's § 2241 petition. In that petition, Mr. Dubois argued that his immigration detention had become so prolonged as to violate Zadvydas v. Davis, 533 U.S. 678 (2001). He sought immediate release from custody under reasonable conditions of supervision, or, in the alternative, a constitutionally adequate hearing in which respondent would be required to demonstrate that his continued detention is justified.
On June 27, 2014, I ordered respondent to answer the petition. Respondent submitted a letter on July 14, 2014 which stated that, that same day, Mr. Dubois had been released from immigration detention under an order of supervision. Respondent attached a copy of the order of supervision to the letter.
The Attorney General has the authority to detain aliens in removal proceedings both before and after the issuance of a final order of removal. Post-removal order immigration detention is governed by 8 U.S.C. § 1231(a). Section 1231(a)(1)(A) states that, "except as otherwise provided in this section, when an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days (in this section referred to as the "removal period")." Id. § 1231(a)(1)(A). The removal period begins on the latest of the following:
(i) The date the order of removal becomes administratively final.
(ii) If the removal order is judicially reviewed and if a court orders a stay of the removal of the alien, the date of the court's final order.
(iii) If the alien is detained or confined (except under an immigration process), the date the alien is released from detention or confinement.
Id. § 1231(a)(1)(B). Federal regulations provide that:
An order of removal made by the immigration judge at the conclusion of the proceedings under section 240 of ...