Kaba v. Holder et al

Filing 4

MEMORANDUM OPINION. Signed by Judge Karon O Bowdre on 5/8/2012. (FNC)

FILED
2012 May-08 PM 03:19
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
MOHAMED KABA,
Petitioner,
v.
ERIC HOLDER, Jr., Attorney General, et al.,
Respondents.

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CASE NO. 4:12-cv-1136-KOB-PWG

MEMORANDUM OPINION
The Petitioner, Mohamed Kaba, filed this petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2241. The Petitioner claims that he is being illegally detained by the Respondents pending
his removal from the country and that he is due to be released from custody. The Respondents have
filed a motion to dismiss this matter as being moot (doc. 3). Upon consideration, the Respondents’
motion to dismiss is due to be GRANTED.
In support of their motion to dismiss, the Respondents have filed a copy of an unsworn
declaration made pursuant to 28 U.S.C. § 1746 by the Supervisory Detention and Deportation Officer
of the U.S. Immigration and Customs Enforcement facility in Gadsden, Alabama (doc. 3 Exh. 1).
In that declaration, the Respondents assert that the Petitioner was released under an order of
supervision on April 24, 2012. As a result, the Petitioner’s habeas 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.’”).
Based on the foregoing, the court GRANTS the Respondents’ motion to dismiss this action
as moot (doc. 3). The court will enter a separate, final order.

DONE and ORDERED this 8th day of May, 2012.

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KARON OWEN BOWDRE
UNITED STATES DISTRICT JUDGE

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