Ling v. Holder et al

Filing 8

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 7/3/14. (SAC )

FILED
2014 Jul-03 AM 08:51
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
KWAN KAM LING,
Petitioner,
v.
ERIC HOLDER, Attorney General,
United States, et al.,
Respondents.

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Case No.: 4:14-cv-00353-KOB-JEO

MEMORANDUM OPINION
This case is before the court on Respondents’ Motion to Dismiss as Moot (doc. 7), filed
June 24, 2014. In their motion, Respondents note that Petitioner was released from ICE custody
pursuant to an Order of Supervision on May 21, 2014. (Doc. 7-1). Respondents argue that
because Petitioner has been released on an Order of Supervision, this case is due to be dismissed
as moot.
On February 28, 2014, Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody pending his removal to China. (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). The court will enter a separate Order.

DONE and ORDERED this 3rd day of July, 2014.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE