Martins v. Holder et al
MEMORANDUM OPINION. Signed by Judge James H Hancock on 11/5/2012. (JLC)
2012 Nov-05 PM 01:25
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
ERIC H. HOLDER, Attorney General of the
United States, et al.,
This is a habeas corpus case filed pursuant to 28 U.S.C. § 2241. The pro se petitioner
contends that he is being illegally detained by the respondents and that he is due to be released from
custody pending his removal 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
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. (Doc. 7-1). 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 the
day of November, 2012.
SENIOR UNITED STATES DISTRICT JUDGE
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