Hylton v. Holder et al

Filing 15

MEMORANDUM OPINION as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 02/09/16. (Attachments: # 1 Attachment)(SPT )

FILED
2016 Feb-09 AM 10:22
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

BARRINGTON ANTHONY HYLTON, )
)
Petitioner,
)
)
vs.
)
)
JEH JOHNSON, Secretary, Department )
of Homeland Security, et al.,
)
)
Respondent.
)

Case No: 4:15-cv-0241-CLS-JEO

MEMORANDUM OPINION
This action is before the court on the petition for a writ of habeas corpus filed
by Barrington Anthony Hylton, pursuant to 28 U.S.C. § 2241. He claims in his
petition that he is being held in custody illegally by immigration officials at the
Etowah County Detention Center (“ECDC”) in Gadsden, Alabama, pending his
removal from the United States.1 The Government filed a response in opposition to
the petition.2 On January 29, 2016, the court issued an order stating that it intended
to rule on the petition summarily, inviting Hylton to file any further materials in
support of his petition he might desire.3 That same day, the clerk mailed a copy of

1

Doc. no. 1.

2

Doc. no. 12.

3

Doc. no. 13.

that order to Hylton at his address on file at the ECDC. On February 8, 2016, that
mail was returned to the court, with a handwritten note on the face of the envelope
indicating that Hylton had been released on December 16, 2015.4 This prompted the
court to perform an immigration detainee search on the website administered by
United States Immigration and Customs Enforcement, which revealed that Hylton is
“Not in Custody.” A copy of the printout from that search is attached hereto as an
exhibit. Because Hylton has been released from custody, his habeas corpus petition
seeking his release or repatriation is moot. See Nyaga v. Ashcroft, 323 F.3d 906, 913
(11th Cir. 2003). Accordingly, this matter is due to be dismissed as moot. A separate
final order will be entered.
DONE this 9th day of February, 2016.

______________________________
United States District Judge

4

Doc. no. 14.
2