Yohannes v. Hasselle et al

Filing 9

MEMORANDUM OPINION as more fully set out in therein. Signed by Judge C Lynwood Smith, Jr on 7/16/2014. (AHI )

FILED
2014 Jul-16 PM 01:58
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
ERMIAS W. YOHANNES,
Petitioner,
vs.
SCOTT HASSELLE, et al.,
Respondents.

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Civil Action No: CV 14-S-963-M

MEMORANDUM OPINION
This case is before the court on respondents’ Motion to Dismiss as Moot.
(Doc. 8). In the motion, respondents note that petitioner was released from ICE
custody on July 9, 2014, pursuant to an Order of Supervision. (Doc. 8-1). Because
petitioner has been released, respondents contend this case is due to be dismissed as
moot.
On May 22, 2014, petitioner filed a petition for writ of habeas corpus seeking
to be released from custody pending his removal to Eritrea. (Doc. 1). Because
petitioner 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). A separate order will be entered.
DONE this 16th day of July, 2014.

______________________________
United States District Judge

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