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08-11696 - Flores v. Chadbourne et al


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08-11696 - Flores v. Chadbourne et al
January 7, 2010
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Chief Judge Mark L. Wolf: MEMORANDUM AND ORDER entered. Accordingly, it is hereby ORDERED that:1. Petitioner's Petition for Writ of Habeas Corpus (Docket No. 1) is ALLOWED. 2. Respondent's Motion to Dismiss (Docket No. 15) is DENIED. 3. Petitioner's Motion to Sustain Habeas Corpus Petition (Docket No. 12) is MOOT.(O'Leary, Dennis)
April 28, 2010
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Chief Judge Mark L. Wolf: ORDER entered. ORDER DISMISSING CASE, entered. The Immigration Court has terminated petitioner's removal proceeding. Because the immigration case is terminated, the government no longer seeks to detain petitioner. Therefore, the court is vacating its Order imposing conditions on Flores's release, and this case is being dismissed as moot. Cf. Leitao v. Reno, 311 F.3d 453, 456 (1st Cir. 2002) ("A habeas petition will become moot once the prisoner is released from custody unless the petitioner can show some sufficient collateral consequence of the underlying proceeding.") Accordingly, it is hereby ORDERED that: 1. The December 18, 2009 Order is VACATED. All restrictions imposed by the court on Flores's liberty are lifted. 2. Petitioner's Motion to Reconsider Release Conditions in Part (Docket No. 80) is MOOT. 3. This case is DISMISSED.(Boyce, Kathy)