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Balekier v. Sessions, 4:18-cv-0251-MHH-JEO. (2018)

Court: District Court, N.D. Alabama Number: infdco20180301j13 Visitors: 4
Filed: Feb. 28, 2018
Latest Update: Feb. 28, 2018
Summary: MEMORANDUM OPINION MADELINE HUGHES HAIKALA , District Judge . In his 28 U.S.C. 2241 petition for writ of habeas corpus, petitioner Abey Balekier challenges the legality of his continued detention by federal immigration authorities pending his removal from the United States under the Immigration and Nationality Act, 8 U.S.C. 1101 et seq. ( See Doc. 1). See generally Zadvydas v. Davis, 533 U.S. 678 (2001). The respondents have filed a motion to dismiss the habeas petition as moot.
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MEMORANDUM OPINION

In his 28 U.S.C. § 2241 petition for writ of habeas corpus, petitioner Abey Balekier challenges the legality of his continued detention by federal immigration authorities pending his removal from the United States under the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. (See Doc. 1). See generally Zadvydas v. Davis, 533 U.S. 678 (2001). The respondents have filed a motion to dismiss the habeas petition as moot. (Doc. 4).

Mr. Balekier was released from ICE custody under an order of supervision on February 27, 2018. (Doc. 4-1). Consequently, Mr. Balekier's habeas petition for release under an order of supervision or for repatriation is moot because the Court no longer may provide meaningful relief. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003); Soliman v. United States ex rel. INS, 296 F.3d 1237, 1242-43 (11th Cir. 2002). The Court will enter a separate order dismissing this action as moot.

DONE and ORDERED.

Source:  Leagle

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