ZAHEER v. U.S. DEPARTMENT OF HOMELAND SECURITY, 4:14-cv-01499-JHH-JEO. (2014)
Court: District Court, N.D. Alabama
Number: infdco20141023l79
Visitors: 16
Filed: Oct. 23, 2014
Latest Update: Oct. 23, 2014
Summary: MEMORANDUM OPINION JAMES H. HANCOCK, Senior District Judge. This case is before the court on Respondents' Motion to Dismiss as Moot. (Doc. 8). In their motion, the Respondents note that the Petitioner was released from ICE custody pursuant to an Order of Supervision on October 22, 2014. The Respondents argue that because the Petitioner has been released on an Order of Supervision, this case is due to be dismissed as moot. On July 31, 2014, the Petitioner filed a petition for writ of habeas c
Summary: MEMORANDUM OPINION JAMES H. HANCOCK, Senior District Judge. This case is before the court on Respondents' Motion to Dismiss as Moot. (Doc. 8). In their motion, the Respondents note that the Petitioner was released from ICE custody pursuant to an Order of Supervision on October 22, 2014. The Respondents argue that because the Petitioner has been released on an Order of Supervision, this case is due to be dismissed as moot. On July 31, 2014, the Petitioner filed a petition for writ of habeas co..
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MEMORANDUM OPINION
JAMES H. HANCOCK, Senior District Judge.
This case is before the court on Respondents' Motion to Dismiss as Moot. (Doc. 8). In their motion, the Respondents note that the Petitioner was released from ICE custody pursuant to an Order of Supervision on October 22, 2014. The Respondents argue that because the Petitioner has been released on an Order of Supervision, this case is due to be dismissed as moot.
On July 31, 2014, the Petitioner filed a petition for writ of habeas corpus seeking to be released from custody pending his removal to Pakistan.1 (Doc. 1). Because he has been released on an Order of Supervision, his petition seeking that very relief is moot. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003) ("a case must be dismissed as moot if the court can no longer provide `meaningful relief'"). Accordingly, this matter is due to be dismissed. Khader v. Holder, 843 F.Supp.2d 1202 (N.D. Ala. 2011). A separate order will be entered.
FootNotes
1. In support of their motion to dismiss, the Respondents submitted the Declaration of Bryan S. Pitman, Supervisory Detention and Deportation Officer, Department of Homeland Security/ICE in Gadsden, Alabama. (Doc. 8-1). The court notes that the Petitioner is identified as "Syed Zaheer Uddin" in Mr. Pitman's declaration and as "Uddin Syed Zaheer" in the petition for writ of habeas corpus. However, the Petitioner's Alien Number is the same in both documents.
Source: Leagle
