Shar v. Ashcroft, et al

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
February 27, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30901
Summary Calendar
EMMANUEL SHAR,
Petitioner-Appellant,
versus
JOHN ASHCROFT, CHRISTINE DAVIS,
Respondents-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 03-CV-549
--------------------
Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Emmanuel Shar, formerly federal detainee # 18548-265, a
native and citizen of Liberia, was ordered removed to Liberia
on September 12, 2002. After being detained at Oakdale for over
six months, Shar filed a 28 U.S.C. § 2241 petition seeking to
be released based on his allegation that there was no reason
to believe that his removal would occur in the reasonably

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No. 03-30901
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foreseeable future. The district court denied the petition, and
the instant appeal was filed.
The United States Attorney has now informed the court
that Shar has been removed from the United States and has been
deported to his native country of Liberia. The Government moves
to dismiss the appeal for lack of jurisdiction based on factual
mootness. The Government’s motion to dismiss is GRANTED, and the
appeal is DISMISSED as MOOT. Shar’s petition for a preliminary
injunction is DENIED as MOOT.

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