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Bao Di Liu v. Sessions, 4:17-cv-01392-AKK-HNJ. (2018)

Court: District Court, N.D. Alabama Number: infdco20180329869
Filed: Mar. 28, 2018
Latest Update: Mar. 28, 2018
Summary: MEMORANDUM OPINION ABDUL K. KALLON , District Judge . Respondents have filed a Motion to Dismiss Petition as Moot. Doc. 9. Petitioner initially filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241, seeking release from detention pending deportation to China. Respondents released him from custody on an order of supervision on December 4, 2017, see doc. 9-1, and now move for dismissal of his habeas petition as moot. After consideration of the record in this action and r
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MEMORANDUM OPINION

Respondents have filed a Motion to Dismiss Petition as Moot. Doc. 9. Petitioner initially filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, seeking release from detention pending deportation to China. Respondents released him from custody on an order of supervision on December 4, 2017, see doc. 9-1, and now move for dismissal of his habeas petition as moot.

After consideration of the record in this action and respondent's motion, the court finds that petitioner's release on an order of supervision has rendered his habeas corpus petition moot. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003); Soliman v. United States ex rel. INS, 296 F.3d 1237, 1242 (11th Cir. 2002). Moreover, the court finds that no exceptions to the mootness doctrine apply in this case. See Murphy v. Hunt, 455 U.S. 478, 482 (1982); Carafas v. La Vallee, 391 U.S. 234, 237 (1968). Therefore, the court GRANTS respondent's Motion to Dismiss Petition, doc. 9, and DISMISSES this action as MOOT.

Source:  Leagle

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