Zaidi v. Holder et al

Filing 21

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 3/9/2015. (JLC)

FILED
2015 Mar-09 PM 01:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
SYED TASNEEM ZAIDI,
Petitioner,
v.
ATTORNEY GENERAL ERIC H.
HOLDER, JR., et al.,
Respondents.

)
)
)
)
)
)
)
)
)
)

4:14-cv-0068-VEH-JEO

MEMORANDUM OPINION
This is an action on a petition for a writ of habeas corpus filed pursuant to 28
U.S.C. § 2241. Petitioner challenges the legality of his detention pending the
execution of an order of removal issued pursuant to the Immigration and Nationality
Act, 8 U.S.C. § 1101 et seq. (Doc. 1). The Government has filed a motion to
dismiss the action as moot, on the ground that Petitioner has been released from
custody. (Doc. 20). The motion is due to be granted.
In support of its motion, the Government has filed a declaration from Bryan
S. Pitman, the Supervisory Detention and Deportation Officer of the United States
Immigration and Customs Enforcement (ICE) facility in Gadsden, Alabama. (Doc.
20-1). In his declaration, Pitman states that Petitioner was released from ICE
custody on October 7, 2014, and removed from the United States. (Id.) Thus,

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, the Government’s motion is due to be granted, and this matter is due
to be dismissed as moot. A separate final order will be entered.
DONE this the 9th day of March, 2015.

VIRGINIA EMERSON HOPKINS
United States District Judge

2