Den v. Nielsen, 4:18-cv-00139-AKK-SGC. (2018)
Court: District Court, N.D. Alabama
Number: infdco20180419807
Visitors: 28
Filed: Apr. 18, 2018
Latest Update: Apr. 18, 2018
Summary: MEMORANDUM OPINION AND ORDER ABDUL K. KALLON , District Judge . Before the court is Respondents' Motion to Dismiss Petition as Moot. Doc. 11. Petitioner Den initially filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241, seeking release from detention pending deportation to Vietnam. Doc. 1. Respondents released him from custody on an order of supervision on April 13, 2018, see doc. 11-1, and now move to dismiss his habeas petition as moot. The relief Den sought in his
Summary: MEMORANDUM OPINION AND ORDER ABDUL K. KALLON , District Judge . Before the court is Respondents' Motion to Dismiss Petition as Moot. Doc. 11. Petitioner Den initially filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241, seeking release from detention pending deportation to Vietnam. Doc. 1. Respondents released him from custody on an order of supervision on April 13, 2018, see doc. 11-1, and now move to dismiss his habeas petition as moot. The relief Den sought in his p..
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MEMORANDUM OPINION AND ORDER
ABDUL K. KALLON, District Judge.
Before the court is Respondents' Motion to Dismiss Petition as Moot. Doc. 11. Petitioner Den initially filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, seeking release from detention pending deportation to Vietnam. Doc. 1. Respondents released him from custody on an order of supervision on April 13, 2018, see doc. 11-1, and now move to dismiss his habeas petition as moot.
The relief Den sought in his petition was to be released from ICE custody. Doc. 1. Because Den is no longer in ICE custody, his petition has been rendered moot, and none of the exceptions to the mootness doctrine applies. See Carafas v. LaVallee, 391 U.S. 234, 237 (1968); Murphy v. Hunt, 455 U.S. 478, 482 (1982). Therefore, because there is no longer any relief that can be granted to Den, his petition is due to be dismissed as moot.
Based on the foregoing, the Respondents' motion to dismiss, doc. 11, is GRANTED. A separate order will be entered.
Source: Leagle
