Dambetto v. Holder et al

Filing 15

MEMORANDUM OPINION Signed by Judge L Scott Coogler on 08/12/2013. (MSN)

Dambetto v. Holder et al

Doc. 15

FILED
2013 Aug-12 AM 11:34
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
SYLVESTRE DWIGHT DAMBETTO,
Petitioner,
v.
ERIC H. HOLDER, United States Attorney
General, et al.,
Respondents.

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4:13-cv-0632-LSC-JEO

MEMORANDUM OPINION
This is a habeas corpus case filed pursuant to 28 U.S.C. § 2241. The pro se petitioner
contends that he is being illegally detained pending his removal under the Immigration and
Nationality Act. (Doc. 1). See Zadvydas v. Davis, 533 U.S. 678 (2001). The respondents have
moved to dismiss this matter as moot. (Doc. 14). Upon consideration, the court finds that the
respondents’ motion is due to be granted.
In support of their motion, the respondents have filed evidence showing that the petitioner
was released from custody under order of supervision. (Doc. 14-1). Thus, the petitioner’s claim for
release under an order of supervision or for repatriation 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’”). Accordingly, this matter is due to be dismissed as moot. A separate final
order will be entered.

Dockets.Justia.com

Done this 12th day of August 2013.

L. Scott Coogler
United States District Judge
[160704]

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