Matos-Gomes v. Holder et al
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 11/05/12. (CVA)
2012 Nov-05 AM 10:46
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 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. (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 5th day of November, 2012.
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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