Ilyas v. Hassell et al
MEMORANDUM OPINION Signed by Judge Karon O Bowdre on 11/4/13. (SAC )
2013 Nov-04 PM 04:23
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
HAFIZ MUHAMMAD ILYAS,
SCOTT HASSELL, et al.,
Case No.: 4:13-cv-00673-KOB-PWG
This case is before the court on the Respondents’ Motion to Dismiss as Moot filed July
18, 2013. (Doc. 8). In their motion, the Respondents argue that because the Petitioner was
released from ICE custody on July 18, 2013, pursuant to an Order of Supervision (doc. 8-1), the
court should dismiss the case as moot.
On April 11, 2013, the Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody pending his removal to Pakistan. (Doc. 1). Because the Petitioner has
been released on an Order of Supervision, his petition seeking that very relief is now 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 court finds that the Respondents’ motion is due to be granted and this
matter is due to be dismissed as moot.
The court will enter a separate Order in conformity with this Memorandum Opinion.
DONE and ORDERED this 4th day of November, 2013.
KARON OWEN BOWDRE
UNITED STATES DISTRICT JUDGE
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