Ouattara v. U S Department of Homeland Security & Immigration and Customs Enforcement et al

Filing 5

MEMORANDUM OPINION. Signed by Judge Robert B Propst on 11/25/2013. (KAM, )

FILED
2013 Nov-25 PM 02:47
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
SALIM OUATTARA,
Petitioner,
v.
ERIC HOLDER, JR., Attorney General, et al.,
Respondents.

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4:13-cv-00450-RBP-PWG

MEMORANDUM OPINION
This case is before the court on Respondents’ Motion to Dismiss as Moot (Doc. # 4), filed
November 22, 2013. In their motion, Respondents note that Petitioner was released from ICE
custody on September 26, 2013, pursuant to an Order of Supervision. (Doc. # 4-1). Respondents
argue that, because Petitioner has been released on an Order of Supervision, this case is due to be
dismissed as moot.
On March 6, 2013, Petitioner filed a petition for writ of habeas corpus seeking to be released
from custody pending his removal to Ivory Coast. (Doc. # 1). Because 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, this matter is due to be dismissed. Khader v. Holder, 843 F. Supp. 2d 1202 (N.D. Ala.
2011).

A separate order will be entered.
DONE and ORDERED this the 25th day of November, 2013.

ROBERT B. PROPST
SENIOR UNITED STATES DISTRICT JUDGE