Noel v. Hassel et al

Filing 5

MEMORANDUM OPINION, as set out, re Respondents' Motion to Dismiss Petition as Moot. (Doc. 4). A separate order will be entered. Signed by Judge Sharon Lovelace Blackburn on 3/23/15. (CTS, )

FILED
2015 Mar-23 AM 09:01
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
SURU NOEL,
Petitioner,
v.
SCOTT HASSELL et al.,
Respondents.

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Case No. 4:15-cv-00373-SLB-JEO

MEMORANDUM OPINION
This case is before the court on Respondents’ Motion to Dismiss Petition as Moot. (Doc.
4). In their motion, the Respondents note that the Petitioner was released from ICE custody
pursuant to an Order of Supervision on March 4, 2015. The Respondents argue that because the
Petitioner has been released from ICE custody, this case is due to be dismissed as moot.
On March 2, 2015, the Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody pending his removal to South Sudan.1 (Doc. 1). Because he 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’”). 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.

1

In support of their motion to dismiss, the Respondents submitted the Declaration of Bryan S.
Pitman, Supervisory Detention and Deportation Officer of the U.S. Immigration and Customs
Enforcement facility in Gadsden, Alabama. (Doc. 4-1). The court notes that the Petitioner is identified as
“Noel Suru” in Mr. Pitman’s declaration and as “Suru Noel” in the petition for writ of habeas corpus.
However, the Petitioner’s Alien Number is the same in both documents.

DONE this 23rd day of March, 2015.

SHARON LOVELACE BLACKBURN
UNITED STATES DISTRICT JUDGE