Elkana-Enyobi v. Hassell
MEMORANDUM OPINION re 8 Motion to Dismiss. The petitioner having been removed, the court can no longer provide meaningful relief, and the 1 Petition for a Writ of Habeas Corpus is MOOT. Signed by Judge Abdul K Kallon on 5/13/2015. (YMB)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
THOMPSON NDUBISI ELKANAENYOBI,
Case No.: 4:15-cv-00394-AKK-SGC
This is an action on a petition for a writ of habeas corpus filed pursuant to 28
U.S.C. § 2241 by Thompson Ndubisi Elkana-Enyobi. (Doc. 1). The petitioner
challenges his continued detention pending removal pursuant to the Immigration and
Nationality Act. See generally, Zadvydas v. Davis, 533 U.S. 678 (2001). On April
29, 2015, the respondent filed a motion to dismiss this action as moot on the grounds
the petitioner has been removed from the United States. (Doc. 8). The respondent’s
motion is supported by an attached declaration of the Supervisory Detention and
Deportation Officer of the U.S. Immigration and Customs Enforcement facility in
Gadsden, Alabama stating the petitioner was deported to Nigeria on April 28, 2015.
Because the petitioner has been removed, the court can no longer provide
meaningful relief, and the petition for a writ of habeas corpus 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, the
respondent’s motion to dismiss (Doc. 8) is due to be GRANTED, and this action is
due to be DISMISSED. A separate order will be entered.
DONE the 13th day of May, 2015.
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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