Lia v. Johnson et al

Filing 6

MEMORANDUM OPINION as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 7/31/2015. (AHI)

FILED
2015 Jul-31 PM 03:35
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
JAMES OTONG LIA,
Petitioner,
vs.
JEH C. JOHNSON, et al.,
Respondents.

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Case No.: 4:15-cv-00178-CLS-SGC

MEMORANDUM OPINION
This action is before the court on the motion to dismiss filed by respondents
on April 10, 2015. (Doc. no. 5). In that motion, respondents contend this action is
due to be dismissed as moot because petitioner was released from the custody of the
United States Immigration and Customs Enforcement on March 30, 2015, pursuant
to an order of supervision. (Id.).
On January 29, 2015, petitioner filed a petition for a writ of habeas corpus
seeking his release from custody pending his removal to Sudan. (Doc. no. 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 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 31st day of July, 2015.

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United States District Judge