Western District of New York • 6:25-cv-06231

#1

Apr 29, 2025

PETITION for Writ of Habeas Corpus, filed by Oleg Korsuntsev. (Attachments: # 1 Envelope)(TF) (Entered: 04/30/2025)

Apr 29, 2025

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff. (TF)

Apr 29, 2025

Filing fee: $ 5.00, receipt number 600001303. (TF)

#2

May 07, 2025

ORDER that within 45 days of the date of this Order, Respondent shall file and serve an answer responding to the allegations in the 1 Petition for Writ of Habeas Corpus. Petitioner shall have 25 days after service of the answer or motion to dismiss to file a written response; and that the Clerk of Court shall serve a copy of the Petition, together with a copy of this Order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York. Signed by Hon. Frank P. Geraci, Jr. on 5/6/2025. (Attachments: # 1 Petition)(TF)This was mailed to: Petitioner. (Entered: 05/07/2025)

#3

May 19, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pam Bondi (Khalil, Adam) (Entered: 05/19/2025)

#4

May 19, 2025

MOTION to Dismiss for Lack of Jurisdiction due to Petitioner's removal from USA by Pam Bondi. (Attachments: # 1 Declaration of Adam Khalil, # 2 Exhibit A to Khalil Dec., # 3 Memorandum in Support)(Khalil, Adam) (Entered: 05/19/2025)

#5

May 19, 2025

CERTIFICATE OF SERVICE by Pam Bondi re 3 Notice of Appearance, 4 MOTION to Dismiss for Lack of Jurisdiction due to Petitioner's removal from USA (Khalil, Adam) (Entered: 05/19/2025)

#7

May 19, 2025

Mail Returned as Undeliverable. 2 Order sent to Petitioner. (TF) (Entered: 05/21/2025)

#6

May 20, 2025

TEXT ORDER granting 4 MOTION to Dismiss by Pam Bondi. Respondent has advised the Court that Petitioner has been removed from the United States, and she contends that the petition is now moot. The Court agrees."[A] case is moot when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome." Cuong Le v. Sessions, No. 17-cv-1339, 2018 WL 5620290, at *2 (W.D.N.Y. Oct. 29, 2018). Where, as here, a habeas petition challenges only the alien's continued detention, the petition becomes moot once the petitioner is removed. See, e.g., Torres v. Sessions, No. 17-CV-1344, 2018 WL 5621475, at *2 (W.D.N.Y. Oct. 29, 2018) (collecting cases). Accordingly, Petitioner's challenge to his continued detention has become moot in light of his removal, and his petition is dismissed.The Clerk of Court shall close the case. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/20/2025. (MFM)This was mailed to: Petitioner.Clerk to Follow up (Entered: 05/20/2025)