Garcia-Mayer v. Holder et al

Filing 6

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 11/26/13. (SAC )

FILED
2013 Nov-26 PM 12:09
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
ANGEL ATILIO GARCIA-MAYER,
Petitioner,
v.
ERIC HOLDER, et al.,
Respondents.

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Case No.: 4:13-cv-0044-JFG-PWG

MEMORANDUM OPINION
This case is before the court on the Respondents’ Motion to Dismiss as Moot, filed June 27,
2013. (Doc. 3). In their motion, the Respondents note that the Petitioner was released from ICE
custody on June 26, 2013, pursuant to an Order of Supervision. (Doc. 3-1). The Respondents argue
that, because the Petitioner has been released on an Order of Supervision, this case is due to be
dismissed as moot. The magistrate judge’s Order instructing the Petitioner to respond to the Motion
to Dismiss was returned as undeliverable. (Docs. 4 & 5).
On January 8, 2013, the Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody pending his removal to Belieze. (Doc. 1). Because the Petitioner 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, the Respondents’ motion is due to be granted and this matter is due to be
dismissed. Khader v. Holder, 843 F. Supp. 2d 1202 (N.D. Ala. 2011).

The court will enter a separate Order in conformity with this Memorandum Opinion.
DONE and ORDERED this 26th day of November, 2013.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE