United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS February 27, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

No. 03-30901 -2- 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.