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Hill v. Holder

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHEASTERN DIVISION


February 24, 2010

ROBERT VARNEY HILL, PETITIONER,
v.
ERIC H. HOLDER, ATTORNEY GENERAL, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Karen K. Klein United States Magistrate Judge

REPORT AND RECOMMENDATION

Petitioner Robert Varney Hill ("Hill") filed a petition for a writ of habeas corpus (Doc. #1) pursuant to 28 U.S.C. § 2241 asserting claims arising out of his detention by Immigration and Customs Enforcement ("ICE") pending removal to the Republic of Liberia ("Liberia"). Because petitioner alleged cognizable claims, the court ordered service upon the respondents. The respondents filed a motion to dismiss (Doc. #3) along with proof that Hill was removed from the United States on an ICE repatriation charter to Liberia on January 26, 2010. (Doc. #4-1). Consequently, Hill's petition is moot. Accordingly, it is RECOMMENDED that respondents' motion to dismiss (Doc. #3) be GRANTED, and Hill's petition for a writ of habeas corpus (Doc. #1) be DISMISSED with prejudice.

Notice of Right to Object Pursuant to Federal Rule of Civil Procedure 72(b)(2) and Local Rule 72.1 (D)(3), any party may object to this recommendation within fourteen (14) days after being served with a copy.

20100224

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