Asiedu v. Holder et al

Filing 8

MEMORANDUM OPINION. Signed by Judge C Lynwood Smith, Jr on 4/18/2012. (AHI)

FILED
2012 Apr-18 AM 09:18
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
SIEKEI ASIEDU,
Petitioner,
v.
ERIC HOLDER, Attorney General,
et al.,
Respondents.

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Case No: 4:11-CV-3173-CLS-PWG

MEMORANDUM OPINION
This case is before the court on the petition for a writ habeas corpus case filed
pursuant to 28 U.S.C. § 2241 by Siekei Asiedu, pro se. The petitioner contends that
he is being illegally detained by the respondents and that he is due to be released from
custody pending his removal to Ghana under the Immigration and Nationality Act.
(Doc. 1). The respondents have filed a motion to dismiss this matter as being moot.
(Doc. 7). Upon consideration, the court finds that the respondents’ motion is due to
be granted and that the petition is due to be dismissed as moot.
In support of their motion to dismiss, the respondents have filed a declaration
made pursuant to 28 U.S.C. § 1746 from the Assistant Field Officer Director of the
U.S. Immigration and Customs Enforcement facility in Gadsden, Alabama, where the
petitioner was in custody. (Doc. 8-1). According to that declaration, the petitioner

was released from custody under order of supervision on December 8, 2011. (Id.)
Thus, the petitioner’s claim for release under an order of supervision or for
repatriation 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’”). Accordingly, this matter is due to be dismissed as moot. A separate final
order will be entered.
DONE this 18th day of April, 2012.

______________________________
United States District Judge

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