Tuwano v. Holder et al

Filing 7

MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 12/10/12. (KGE, )

FILED
2012 Dec-10 AM 11:02
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
OMARY TUWANO,
Petitioner,
v.
ERIC HOLDER, et al.,
Respondents.

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Case No.: 4:12-cv-02943-WMA-JEO

MEMORANDUM OPINION
On September 11, 2012, Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody pending his removal to Tanzania. (Doc. 1 at 8). On December 6, 2012,
Respondents filed a Motion to Dismiss as Moot. (Doc. 6). In their motion, Respondents note
that Petitioner was released on an Order of Supervision on November 30, 2012. (Doc. 6-1).
Because Petitioner has been released on an order of supervision, thus, is no longer in custody, his
Petition is moot to the extent it seeks Petitioner’s release from custody. Additionally, to the
extent the Petition seeks an injunction preventing further unlawful detention (see id.), it is due to
be denied as premature. Accordingly, Respondents' Motion to Dismiss as Moot (doc. 5) is due to
be granted and the Petition is due to be dismissed without prejudice.
DONE this 10th day of December, 2012.
_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE