Maldanado Munjialla v. Hassell et al

Filing 10

MEMORANDUM OPINION. Signed by Judge R David Proctor on 8/28/2015. (AVC)

FILED
2015 Aug-28 PM 02:55
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
JOSE ADAN MALDANADO
MUNJIALLA,
Petitioner,
v.
SCOTT HASSELL, et al.,
Respondents.

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Case No.: 4:15-cv-00488-RDP-SGC

MEMORANDUM OPINION
This is an action on a petition for a writ of habeas corpus filed pursuant to 28
U.S.C. § 2241 by Jose Adan Maldanado Munjialla. (Doc. # 1). 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 August 27, 2015,
Respondents filed a Motion to Dismiss Petition as Moot on the grounds that Petitioner
has been removed from the United States. (Doc. # 9). Respondent’s Motion is
supported by an attached Declaration of the Supervisory Deportation Officer of the
U.S. Immigration and Customs Enforcement facility in Gadsden, Alabama stating
Petitioner was deported on August 21, 2015. (Doc. # 9-1).
Because 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

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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,

Respondent’s Motion to Dismiss (Doc. # 9) is due to be granted, and this action is due
to be dismissed.
A separate order will be entered.
DONE and ORDERED this August 28, 2015.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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