YOHANNES v. HASSELLE, CV 14-S-963-M. (2014)
Court: District Court, N.D. Alabama
Number: infdco20140717824
Visitors: 17
Filed: Jul. 16, 2014
Latest Update: Jul. 16, 2014
Summary: MEMORANDUM OPINION C. LYNWOOD SMITH, District Judge. This case is before the court on respondents' Motion to Dismiss as Moot. (Doc. 8). In the motion, respondents note that petitioner was released from ICE custody on July 9, 2014, pursuant to an Order of Supervision. (Doc. 8-1). Because petitioner has been released, respondents contend this case is due to be dismissed as moot. On May 22, 2014, petitioner filed a petition for writ of habeas corpus seeking to be released from custody pending hi
Summary: MEMORANDUM OPINION C. LYNWOOD SMITH, District Judge. This case is before the court on respondents' Motion to Dismiss as Moot. (Doc. 8). In the motion, respondents note that petitioner was released from ICE custody on July 9, 2014, pursuant to an Order of Supervision. (Doc. 8-1). Because petitioner has been released, respondents contend this case is due to be dismissed as moot. On May 22, 2014, petitioner filed a petition for writ of habeas corpus seeking to be released from custody pending his..
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MEMORANDUM OPINION
C. LYNWOOD SMITH, District Judge.
This case is before the court on respondents' Motion to Dismiss as Moot. (Doc. 8). In the motion, respondents note that petitioner was released from ICE custody on July 9, 2014, pursuant to an Order of Supervision. (Doc. 8-1). Because petitioner has been released, respondents contend this case is due to be dismissed as moot.
On May 22, 2014, petitioner filed a petition for writ of habeas corpus seeking to be released from custody pending his removal to Eritrea. (Doc. 1). Because petitioner 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'"); see also Spencer v. Kemna, 523 U.S. 1, 8 (1998) (once a habeas petitioner is released from custody, he must demonstrate collateral consequences to avoid mootness doctrine). 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.
Source: Leagle
