Chen v. Johnson et al
MEMORANDUM OPINION. Signed by Judge James H Hancock on 8/6/2014. (JLC)
2014 Aug-06 AM 08:57
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
CHUNG SHENG CHEN,
ERIC H. HOLDER, et al.,
This case is before the court on Respondents’ Motion to Dismiss as Moot. (Doc. 4). In the
motion, Respondents note that Petitioner was released from ICE custody on July 18, 2014, pursuant
to an Order of Supervision. (Doc. 4-1). Because Petitioner has been released, Respondents contend
this case is due to be dismissed as moot.
On July 2, 2014, Petitioner filed a petition for writ of habeas corpus seeking to be released
from custody pending his removal to China. (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.
A separate order will be entered.
DONE this 6th day of August, 2014.
SENIOR UNITED STATES DISTRICT JUDGE
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