Jalloh v. Holder et al

Filing 13

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 12/30/2014. (JLC)

FILED
2014 Dec-30 PM 12:44
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
OSMAN JALLOH,

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) Case No.: 4:14-cv-0986-VEH-SGC
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Plaintiff,
v.
ERIC HOLDER, JR. United States
Attorney General, et al.,
Defendants.

MEMORANDUM OPINION
This is an action on a petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2241 in which the petitioner, Osman Jalloh, proceeding 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). The
respondents have filed a motion to dismiss this action as moot on the grounds the
petitioner was released from the custody of the United States Immigration and
Customs Enforcement on November 6, 2014, pursuant to an order of supervision.
(Doc. 12; see also Doc. 12-1).
Because the petitioner has been released on an order of supervision, the court
can no longer provide meaningful relief, and the petition for a writ of habeas corpus

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is moot. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003); see also Spencer
v. Kemna, 423 U.S. 1, 8 (1998) (once habeas petitioner is released from custody, he
must demonstrate collateral consequences to avoid mootness doctrine). Accordingly,
the motion to dismiss (Doc. 12) 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 30th day of December, 2014.

VIRGINIA EMERSON HOPKINS
United States District Judge

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