Portillo v. Holder et al

Filing 14

MEMORANDUM OPINION. Signed by Judge R David Proctor on 9/19/2013. (AVC)

FILED
2013 Sep-19 AM 09:58
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
HECTOR LOPEZ-PORTILLO,

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Petitioner,
v.
ERIC HOLDER, Attorney General,
United States, et al.,
Respondents.

Case No.: 4:12-cv-04063-RDP-JEO

MEMORANDUM OPINION
This case is before the court on Respondents’ Motion to Dismiss as Moot (Doc. 13), filed
September 18, 2013. In their motion, Respondents note that Petitioner was removed from the United
States on August 30, 2013. (Doc. 13-1). Respondents argue that because Petitioner has been
removed from the United States, this case is due to be dismissed as moot.
On December 10, 2013, Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody pending his removal to El Salvador. (Doc. 1). Because Petitioner has been
removed, the court can no longer provide meaningful relief. Thus, the court finds that the petition
for writ of habeas corpus is moot. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003).
Accordingly, Respondents’ motion to dismiss is due to be granted and the petition is due to be
dismissed without prejudice. A separate Order will be entered.
DONE and ORDERED this

19th

day of September, 2013.

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R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE