Abutrabe et al v. Attorney General et al

Filing 11

MEMORANDUM OF OPINION. Signed by Judge L Scott Coogler on 4/11/2016. (PSM)

FILED
2016 Apr-11 AM 10:00
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
SOLOMAO G. ABUTRABE,
Petitioner,
v.
ATTORNEY GENERAL, et al.,
Respondents.

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4:14-cv-0556-LSC-JEO

MEMORANDUM OF OPINION
This is an action on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. §
2241. The pro se Petitioner challenges his continued detention pending removal pursuant to the
Immigration and Nationality Act. The cause now comes to be heard on the Respondents’ motion
to dismiss the case as moot. (Doc. 10). The court concludes that the motion is due to be granted.
In support of their motion, the Respondents have filed a copy of an unsworn declaration
made pursuant to 28 U.S.C. § 1746 by a Supervisory Detention and Deportation Officer of the
U.S. Immigration and Customs Enforcement facility at Gadsden, Alabama. (Doc. 10-1). In that
declaration it is shown that Petitioner was removed from the United States on April 4, 2016.
(Id.) 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). Accordingly, this matter is
due to be dismissed as moot. A separate final order will be entered.

Done this 11th day of April 2016.

L. Scott Coogler
United States District Judge
[160704]

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