IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

YVES MICHEL VICTOR, : 

Petitioner :

:

v. : No. 02-CV-04100

: 

:

KENNETH J. ELWOOD, :

DISTRICT DIRECTOR, :

INS, :

Respondent :

ORDER

AND NOW on this _________ day of __________________, 2003, upon consideration

of the Government’s Supplemental Response to Petition for Writ of Habeas Corpus, and

petitioner’s response thereto, if any, it is hereby ORDERED that the Petition is dismissed with

prejudice.

BY THE COURT:

_____________________________________

MICHAEL M. BAYLSON

Judge, United States District Court

Case 2:02-cv-04100-MMB Document 7 Filed 10/15/2003 Page 1 of 4
1The Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2135 (effective

March 1, 2003) abolished the Immigration and Naturalization Service (“INS”). Most of the

functions of the former INS were subsequently transferred to the Department of Homeland

Security (“DHS”). Within the DHS, the Bureau of Immigration and Customs Enforcement

(“BICE”) is responsible for initiating removal proceedings.

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

YVES MICHEL VICTOR, : 

Petitioner :

:

v. : No. 02-CV-04100

: 

:

KENNETH J. ELWOOD, :

DISTRICT DIRECTOR, INS :

:

Respondent :

GOVERNMENT’S SUPPLEMENTAL RESPONSE TO

PETITION FOR WRIT OF HABEAS CORPUS

The United States of America, by its attorneys, Patrick L. Meehan, United States

Attorney for the Eastern District of Pennsylvania, and Susan R. Becker, Assistant United States

Attorney for the District, on behalf of respondent, the District Director of the Immigration and

Naturalization Service1, hereby files this supplemental response to Yves Michel Victor’s Petition

for Writ of Habeas Corpus. The background facts relating to this case are set forth in the

government’s original August 12, 2002 response to the habeas petition, which is incorporated

herein by reference.

The above-captioned case was recently transferred to undersigned counsel due the

departure from the United States Attorney’s office of AUSA Steven J. Britt. Upon consulting

Case 2:02-cv-04100-MMB Document 7 Filed 10/15/2003 Page 2 of 4
-2-

with Kent J. Frederick, Esquire, Chief Counsel for the Bureau of Immigration and Customs

Enforcement, Philadelphia Region, about the status of this case, I have been advised that Mr.

Victor was removed from the United States to his native country of Haiti on August 8, 2002. 

The printout attached at Exhibit 1, known as a DACS report, reflects Mr. Victor’s removal. 

As Mr. Victor had withdrawn his request to be admitted to the United States, and

he is no longer in the Government’s custody, his Petition for Writ of Habeas Corpus should be

dismissed as moot. 

For the foregoing reasons, the petition should be dismissed with prejudice.

Respectfully,

PATRICK L. MEEHAN

United States Attorney 

 

VIRGINIA A. GIBSON

Assistant United States Attorney

Chief, Civil Division

Dated: October 15, 2003 

 SUSAN R. BECKER

Assistant United States Attorney

Case 2:02-cv-04100-MMB Document 7 Filed 10/15/2003 Page 3 of 4
CERTIFICATE OF SERVICE

I hereby certify that on the 15th day of October, 2003, I caused a true and correct copy of

the foregoing Government’s Supplemental Response to Petition for Writ of Habeas Corpus, the

original of which has been electronically filed with the Court, to be served by first-class United

States mail, postage prepaid, upon the following:

Mr. Yves Michel Victor

c/o Honorable Roger Noriega 

Ambassador, United States Embassy

5 Harry S. Truman Boulevard, Port-au-Prince 

 P. O. Box 1761, Port-au-Prince, Haiti

_________________________________

Susan R. Becker

Assistant United States Attorney

Case 2:02-cv-04100-MMB Document 7 Filed 10/15/2003 Page 4 of 4