IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARVIN OLIVER OTTEY :

:

Petitioner, :

: 

 v. : CIVIL ACTION

 :

IMMIGRATION AND : NO. 02-4378

NATURALIZATION SERVICE :

:

Respondent. :

ORDER

AND NOW, this day of , 2002, upon consideration of 

the Government’s supplemental response to Petitioner’s Writ of Habeas Corpus, and any

response thereto, it is hereby ORDERED that the petition for writ of habeas corpus is DENIED

as moot, and the petition is hereby DISMISSED.

BY THE COURT:

RONALD L. BUCKWALTER

Judge, United States District Court

Case 2:02-cv-04378-RB Document 6 Filed 08/19/2002 Page 1 of 4
1 The documentation relating to petitioner’s release was attached to

undersigned counsel’s letter to the Court dated August 13, 2002.

 IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARVIN OLIVER OTTEY :

:

Petitioner, :

: 

 v. : CIVIL ACTION

 :

IMMIGRATION AND : NO. 02-4378

NATURALIZATION SERVICE :

:

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 Immigration and Naturalization Service

(“the Service”), hereby files this supplemental response to Marvin Oliver Ottey’s Petition for

Writ of Habeas Corpus and moves the Court to dismiss the Petition as moot. 

Petitioner Marvin Oliver Ottey, a native and citizen of Jamaica, filed a petition for

writ of habeas corpus on June 27, 2002 challenging his detention by the Service during his

deportation proceedings. The Service filed a response to the petition indicating that the petition

was moot because Mr. Ottey was eligible for release upon payment of a $15,000 bond pursuant

to a March 28, 2002 Order of the Immigration Judge. The Service has since learned that

petitioner paid the $15,000 bond on July 24, 2002, and has now been released.1

Case 2:02-cv-04378-RB Document 6 Filed 08/19/2002 Page 2 of 4
-2-

As the only issue petitioner was challenging in the habeas petition was his

detention by the Service, and he is no longer in Service custody due to his payment of the

$15,000 bond, the petition is now moot. 

WHEREFORE, the government respectfully requests the Court to enter an Order

denying the petition as moot and dismissing the petition.

Respectfully submitted,

PATRICK L. MEEHAN

United States Attorney

_________________________

JAMES G. SHEEHAN

Assistant United States Attorney

Chief, Civil Division

Dated: August , 2002 _________________________

SUSAN R. BECKER

Assistant United States Attorney

Case 2:02-cv-04378-RB Document 6 Filed 08/19/2002 Page 3 of 4
CERTIFICATE OF SERVICE

I hereby certify that on the day of August, 2002, I caused a true and correct copy of the

foregoing Government’s Supplemental Response to Petition for Habeas Corpus to be served by

first-class mail, postage prepaid, upon the following:

Mr. Marvin Oliver Ottey

233 Creston Avenue

Apartment 4-A

Bronx, NY 10468

Pro se petitioner

_________________________________

Susan R. Becker

Case 2:02-cv-04378-RB Document 6 Filed 08/19/2002 Page 4 of 4