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,
)
)
)
)
)
)
)
)
)
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
2
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