Rage v. US Department of Homeland Security et al

Filing 7

MEMORANDUM OPINION. Signed by Judge Sharon Lovelace Blackburn on 12/3/2013. (KAM, )

FILED
2013 Dec-04 PM 02:14
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
ABDULLAHI ARTAN RAGE,

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Petitioner,
v.
ERIC HOLDER, JR., et al.,
Respondents.

Case No.: 4:13-cv-1065-SLB-PWG

MEMORANDUM OPINION
This case is before the court on Respondents’ Motion to Dismiss as Moot (Doc. # 6), filed
November 22, 2013. In their motion, Respondents note that Petitioner was released from ICE
custody on October 24, 2013, pursuant to an Order of Supervision. (Doc. # 6-1). Respondents argue
that, because Petitioner has been released on an Order of Supervision, this case is due to be
dismissed as moot.
On June 4, 2013, Petitioner filed a petition for writ of habeas corpus seeking to be released
from custody pending his removal to Somalia. (Doc. # 1). Because Petitioner 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 3rd day of December, 2013

SHARON LOVELACE BLACKBURN
UNITED STATES DISTRICT JUDGE

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