Diallo v. Holder Jr. et al

Filing 9

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 5/7/2013. (JLC)

FILED
2013 May-07 PM 12:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

KENDA DIALLO,
Petitioner,
v.
ERIC H. HOLDER, Attorney General of
the United States, et al.,
Respondents.

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4:13-cv-0724-VEH-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 by the respondents and that he is due to be released from
custody pending his removal under the Immigration and Nationality Act. (Doc. 1). See Zadvydas
v. Davis, 533 U.S. 678 (2001). The respondents have filed a motion to dismiss this matter as being
moot. (Doc. 8). Upon consideration, the court finds that the respondents’ motion is due to be
granted.
In support of their motion to dismiss, the respondents have filed evidentiary materials
showing that the petitioner was released from custody under order of supervision. (Doc. 8-1). 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.

DONE this 7th day of May, 2013.

VIRGINIA EMERSON HOPKINS
United States District Judge

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