Singh v. Holder et al

Filing 5

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 11/1/13. (SAC )

FILED
2013 Nov-01 PM 02:35
U.S. DISTRICT COURT
N.D. OF ALABAMA

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

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Petitioner,
v.
ERIC HOLDER, JR., ET AL.,
Respondents.

4:12-cv-2621-WMA-PWG

MEMORANDUM OPINION
Before the court is the Motion to Dismiss as Moot (Doc. # 3)
filed

by

Respondents

on

August

29,

2013.

In

their

motion,

Respondents note that on August 15, 2013, Petitioner, Mandeep Singh
(“Singh”),

was

released

from

the

custody

of

the

Bureau

of

Immigration and Customs Enforcement (“ICE”) pursuant to an Order of
Supervision.

(Doc. # 3-1).

Respondents argue that, because Singh

has been released on an Order of Supervision, this case is due to
be dismissed as moot.
On August 3, 2012, Singh filed a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241, alleging that he was being
illegally detained by ICE pending his deportation to India, and
seeking to be released from custody.

(Doc. # 1).

Because Singh

has been released on an Order of Supervision, his petition seeking
that very relief 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’”); see also Spencer v.
Kemna, 523 U.S. 1, 8 (1998) (once a habeas petitioner is released

from custody, he must demonstrate collateral consequences to avoid
mootness doctrine).

Accordingly, Respondents’ motion will be

granted and this matter will be dismissed.

Khader v. Holder, 843

F. Supp. 2d 1202 (N.D. Ala. 2011).
A separate order effectuating this opinion will be entered.
DONE this 1st day of November, 2013.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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