Filed: Aug. 03, 2018
Latest Update: Aug. 03, 2018
Summary: MEMORANDUM OPINION ANNEMARIE CARNEY AXON , District Judge . This case is before the court on Respondents' Motion to Dismiss as Moot, filed August 1, 2018. (Doc. 8). In the motion, Respondents note Petitioner was removed from the United States to India on July 31, 2018. (Doc. 8-1). Because Petitioner is no longer in custody, Respondents contend this case is due to be dismissed as moot. On June 7, 2018, Petitioner filed a petition for writ of habeas corpus seeking to be released from custod
Summary: MEMORANDUM OPINION ANNEMARIE CARNEY AXON , District Judge . This case is before the court on Respondents' Motion to Dismiss as Moot, filed August 1, 2018. (Doc. 8). In the motion, Respondents note Petitioner was removed from the United States to India on July 31, 2018. (Doc. 8-1). Because Petitioner is no longer in custody, Respondents contend this case is due to be dismissed as moot. On June 7, 2018, Petitioner filed a petition for writ of habeas corpus seeking to be released from custody..
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MEMORANDUM OPINION
ANNEMARIE CARNEY AXON, District Judge.
This case is before the court on Respondents' Motion to Dismiss as Moot, filed August 1, 2018. (Doc. 8). In the motion, Respondents note Petitioner was removed from the United States to India on July 31, 2018. (Doc. 8-1). Because Petitioner is no longer in custody, Respondents contend this case is due to be dismissed as moot.
On June 7, 2018, Petitioner filed a petition for writ of habeas corpus seeking to be released from custody pending his removal to India. (Doc. 1). Because Petitioner has been removed, his petition 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 Soliman v. United States, 296 F.3d 1237, 1242-43 (11th Cir. 2002) (once a habeas petitioner is no longer detained, "no order . . . requiring [his] release into the community awaiting his final removal order could have any effect"). Accordingly, this matter is due to be dismissed. Khader v. Holder, 843 F.Supp.2d 1202, 1202 (N.D. Ala. 2011).
A separate order will be entered.
DONE and ORDERED.
