Court, Explained
U.S. Federal District Courts
←Back to docket
S.D.N.Y.Procedural orderFiled Jan. 28, 2020

Raheem v. Barr

Judge
Vernon Broderick
Docket
1:19-cv-09134
Court
U.S. District Court · Southern District of New York
Pages
2
ImmigrationHabeasCivil Procedure
In one sentence

In Raheem v. Barr, Judge Broderick dismissed Yusef Raheem’s detention challenge as moot after his removal from the United States.

Who this affects

Yusef Raheem, whose detention petition was dismissed after the court found that his removal from the United States made the case moot.

What happened

Raheem v. Barr concerned Yusef Raheem’s petition challenging his detention under the federal habeas statute. Raheem had been subject to a removal order, and he filed the petition on September 30, 2019.

The government told the court that Raheem was removed from the United States on December 10, 2019. Because he was no longer in custody, the court found that the petition no longer presented a live dispute.

Judge Vernon S. Broderick dismissed the petition as moot and directed the Clerk of Court to close any open motions and terminate the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Raheem v. Barr · No. 1:19-cv-09134
Judge
Vernon Broderick
Date
Jan. 28, 2020

Background

Yusef Raheem filed a petition for a writ of habeas corpus, a court action challenging detention, on September 30,

  1. The opinion states that Raheem is a native and citizen of Nigeria and had been admitted to the United States as a nonimmigrant visitor in
  2. A removal order was entered against him on September 17,
  3. The Board of Immigration Appeals dismissed his appeal, and the U.S. Court of Appeals for the Second Circuit later dismissed his petition for review.

Raheem’s petition challenged his detention under 28 U.S.C. § 2241. The respondents submitted a Department of Homeland Security warrant verifying that Raheem was removed from the United States on December 10, 2019, and asked the court to dismiss the petition as moot.

Court’s Reasoning

The court explained that a detention challenge generally requires the petitioner to remain in custody and that a court retains jurisdiction under § 2241 while the petitioner is in custody. Because Raheem had been removed from the United States and was no longer in custody, the court concluded that the petition no longer presented a live controversy and was moot.

Disposition

Judge Vernon S. Broderick ordered that Raheem’s petition for a writ of habeas corpus be dismissed as moot. The Clerk of Court was directed to close any open motions and terminate the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
Summary written with AI assistance. See how summaries are made. Spot something wrong? Tell us.