Irakli v. Flanagan

Background

Irakli Simsive filed a petition for a writ of habeas corpus on August 17, 2025. He proceeded without a lawyer. The Court ordered the Government to respond and gave Simsive an opportunity to reply.

The Government moved to transfer the case to the United States District Court for the Eastern District of New York. Alternatively, it asked the Court to dismiss the case without prejudice to refiling there. The Court asked Simsive to state whether he consented to a transfer and later ordered him to file both that position and a reply. Simsive filed neither submission by the deadlines described in the order.

Change in circumstances

On October 2, 2025, the Government reported that an immigration judge had granted Simsive relief from removal, that Immigration and Customs Enforcement had waived an appeal, and that the grant of relief was final. The Government also reported that Simsive had been released from detention on September 25, 2025.

The Government asked the Court to deny the petition as moot rather than transfer it. A matter is moot when a change in circumstances means the court can no longer provide meaningful relief on the issue presented. The Court agreed that Simsive’s release made the petition moot.

Ruling

Judge John P. Cronan denied Simsive’s habeas corpus petition without prejudice as moot. The Court did not transfer the case to the Eastern District of New York.

The Court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. In plain terms, Simsive was not permitted to appeal without paying the required filing fees based on that certification. The Clerk of Court was directed to close the case and mail the order to Simsive at the two addresses listed in the order.