Moreno v. Holder et al

Filing 12

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 10/31/12. (CVA)

FILED
2012 Oct-31 PM 01:25
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

GIOVANNI MARTINO MORENO,
Petitioner,
v.
ERIC H. HOLDER, Attorney General
of the United States, et al.,
Respondents.

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4:12-cv-0316-AKK-JEO

MEMORANDUM OPINION
This is a habeas corpus case filed pursuant to 28 U.S.C. § 2241 by Giovanni
Martino Moraneo, 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 Panama under the Immigration and Nationality Act. (Doc. 1). The respondents
have filed a motion to dismiss this matter as being moot. (Doc. 11). 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 evidentiary
materials showing that the petitioner was released from custody under order of
supervision on October 11, 2012. (Doc. 11-1). 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 31st day of October, 2012.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE