Sailes v. Holder et al

Filing 15

MEMORANDUM OPINION. Signed by Chief Judge Sharon Lovelace Blackburn on 11/4/2013. (AVC)

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FILED 2013 Nov-04 PM 04:05 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION FANSHEN SAILES, Petitioner, v. ERIC HOLDER, Attorney General, United States, et al., Respondents. ) ) ) ) ) ) ) ) ) ) Case No.: 4:13-cv-00649-SLB-JEO MEMORANDUM OPINION This case is before the court on Respondents’ Motion to Dismiss as Moot (doc. 14), filed October 15, 2013. In their motion, Respondents note that Petitioner was released from ICE custody pursuant to an Order of Supervision on October 15, 2013. (Doc. 14-1). Respondents argue that because Petitioner has been released on an Order of Supervision, this case is due to be dismissed as moot. On April 10, 2013, Petitioner filed a petition for writ of habeas corpus seeking to be released from custody pending his removal to St. Vincent. (Doc. 1). Because he 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, this 4th day of November, 2013. SHARON LOVELACE BLACKBURN CHIEF UNITED STATES DISTRICT JUDGE

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