Shokeh v. Thompson, et al

United States Court of Appeals
Fifth Circuit
F I L E D
June 22, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________________
No. 03-30859
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MOUSA ELIAS SALAMEH SHOKEH,
Petitioner - Appellant,
versus
CARYL THOMPSON; DAVID VENTURELLA; JAMES W. ZIGLAR; BUREAU OF
IMMIGRATION AND CUSTOMS ENFORCEMENT; JOHN ASHCROFT,
Respondents - Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
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Before HIGGINBOTHAM, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:
Mousa Elias Salameh Shokeh (“Shokeh”) appeals the district court’s denial of his pro se 28
U.S.C. § 2241 habeas petition, arguing that the district court erred in holding that his post-removal-
order release was permissibly conditioned on his posting $5,000 bond. An opinion in this case was
filed on May 10, 2004. Before the mandate was issued, however, facts became available to the Court
that renders the case moot: on March 12, 2004, Shokeh was released without bond. As a result, we

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VACATE the previously filed opinion in this case. See United States v. Miller, 685 F.2d 123, 124
(5th Cir. 1982). Further, we VACATE the district court’s ruling, and DISMISS the action. United
States v. Munsingwear, Inc., 340 U.S. 36, 39 (1950); Murphy v. Fort Worth Indep. Sch. Dist., 334
F.3d 470, 471 (5th Cir. 2003).

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