to the District Court for the Middle District of Pennsylvania (the district in which Zayas was in custody), instructing that the matter "be treated as a petition for habeas corpus under 28 U.S.C. § 2241."
The grievance that Zayas had pressed in his first two habeas petitions — to wit, his claim that his indefinite detention was unlawful — was resolved on June 30, 2000, when he was released from INS custody on bond pending his removal to Cuba. Upon his release, Zayas moved to dismiss the habeas petition that had its genesis as a "Motion for Review," and which was by that time pending in the Middle District. The District Court granted Zayas's motion and dismissed the petition on July 12, 2000.
On July 27, 1999 — one dayafter filing in this court the "Motion for Review" challenging his continued detention, but several months before the "Motion for Review" was transferred by this court to the Middle District — Zayas filed in the Middle District a new habeas petition under § 2241. In this petition, Zayas did not raise the indefinite detention issue which he had sought to present in the two Eastern District habeas petitions and which, in a later context, was the subject of the "Motion for Review." Instead, he sought "judiciary review, based on a determination that he is eligible for relief from deportation under section 212(c) of the Immigration and Nationality Act" — a reprise of the issue Zayas had attempted to present in the appeal dismissed by the BIA as untimely.