Ling v. Hassell et al

Filing 7

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 6/2/2014. (PSM)

FILED
2014 Jun-02 AM 09:44
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.
SCOTT HASSELL, Warden, et al.,
Respondents.

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4:14-cv-0852-AKK-JEO

MEMORANDUM OPNION
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 contends that he is being illegally detained pending his removal from
the United States under the Immigration and Nationality Act. (Doc. 1). See generally Zadvydas
v. Davis, 533 U.S. 678 (2001). Respondents now move to dismiss the action as moot. (Doc. 6).
In support of their motion, Respondents have filed evidence showing that the petitioner
was released from custody under order of supervision. (Docs. 6-1, 6-2). 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, Respondents’ 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 2nd day of June, 2014.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE