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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

HUSIN SAID QASIM,

Agency No.: A-094-549-107,

Petitioner,

vs. Case No. 4:11cv87-RH/WCS

ERIC H. HOLDER, JR., et al.,

Respondents.

 /

REPORT AND RECOMMENDATION

The pro se Petitioner initiated this case on February 28, 2011, by filing a petition

for writ of habeas corpus under § 2241. Doc. 1. Petitioner alleged that in 2010, he was

ordered removed from the United States to Afghanistan, the country of his birth.1

 Doc.

1. Petitioner stated he has been in immigration custody since June 17, 2009, a period

of some 20 months. Id., at 1. Petitioner specifically states that he is not challenging the

validity of the removal order, rather, he seeks release from custody pursuant to

Zadvydas v. Davis, 533 U.S. 678 (2001). Id., at 2. 

Finding the petition sufficient, service was directed, doc. 3, and Respondents

have now filed a motion to dismiss. Doc. 10. Respondents assert this case is moot

 1 Petitioner also alleged being born in Syria. Doc. 1, pp. 4, 5.

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because Petitioner was "released from the custody of Immigration and Customs

Enforcement (ICE) on May 12, 2011." Id., at 1. Respondents have submitted a copy of

the Order of Supervision, showing that Petitioner was released to supervision pending

removal. Doc. 10, ex. 1. Therefore, because Petitioner has been afforded the relief

sought, release from detention, this § 2241 petition should now be dismissed as moot. 

The motion to dismiss, doc. 10, contains a certificate of service which indicates

the document was provided to Petitioner at a "forwarding address" with Petitioner's

father, and also listed in the Order of Supervision which was attached to the motion to

dismiss. The Clerk of Court will be directed to forward this report and recommendation

to Petitioner. If Petitioner contests this dismissal, Petitioner must file opposition within

15 days of the date this order is entered.

Accordingly, it is ORDERED that the Clerk of Court shall forward this ORDER

and REPORT AND RECOMMENDATION to Petitioner at 486 E. 2250 S, Salt Lake City,

Utah 84115, as well as to the address of record for Petitioner.

REPORT AND RECOMMENDATION 

In light of the uncontested assertion by Respondent, it is respectfully

RECOMMENDED that the § 2241 petition filed by Petitioner Husin Said Qasim be

DISMISSED as moot since it appears Petitioner has been granted the relief sought,

released from detention.

IN CHAMBERS at Tallahassee, Florida, on May 18, 2011.

 s/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR. 

UNITED STATES MAGISTRATE JUDGE

Case No. 4:11cv87-RH/WCS

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NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 15 days after being served with a copy of this report and

recommendation. A party may respond to another party's objections within 10 days

after being served with a copy thereof. Failure to file specific objections limits the

scope of review of proposed factual findings and recommendations.

Case No. 4:11cv87-RH/WCS

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