Sailes v. Holder et al

Filing 15

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

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