Mohammed v. Holder et al

Filing 9

MEMORANDUM OPINION that the motion to dismiss is due to be GRANTED, and the petitionfor a writ of habeas corpus is due to be DISMISSED. A separate final judgment will be entered. Signed by Judge C Lynwood Smith, Jr on 6/20/2014. (AHI ) Modified on 6/20/2014 (AHI).

FILED
2014 Jun-20 PM 02:52
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

ALSHROUKH MOHAMMED
Petitioner,
vs.
ERIC HOLDER, Attorney
General, et al.,
Respondents.

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Case No.: 4:14-00842-CLS-SGC

MEMORANDUM OPINION
This is an action on a petition for a writ of habeas corpus filed pursuant to 28
U.S.C. § 2241 in which petitioner, Alshroukh Mohammed acting pro se, has sought
to challenge his continued detention pending removal pursuant to the Immigration and
Nationality Act.

See generally, Zadvydas v. Davis, 533 U.S. 678 (2001).

Respondents have filed a motion to dismiss this action as moot on the grounds
petitioner has been removed from the United States. (Doc. 8).
In support of their motion to dismiss, respondents have filed a copy of an
unsworn declaration 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. 8-1). Such declaration shows petitioner was removed from
the United States to Palestine on June 10, 2014. (Id.). Because petitioner has been

removed, the Court can no longer provide meaningful relief, and the petition for a writ
of habeas corpus is moot. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003).
Accordingly, the motion to dismiss (Doc. 8) is due to be GRANTED, and the petition
for a writ of habeas corpus (Doc. 1) is due to be DISMISSED. A separate final
judgment will be entered.
DONE this 20th day of June, 2014.

______________________________
United States District Judge