Flores-Alfaro v. Hassell et al

Filing 9

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 9/8/15. (SAC )

FILED
2015 Sep-08 AM 10:47
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
JORGE FLORES-ALFARO,
Petitioner,
v.
SCOTT HASSELL, et al.,
Respondents.

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) Case No.: 4:15-cv-00618-KOB-SGC
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MEMORANDUM OPINION
The petitioner, Jorge Flores-Alfaro, proceeding pro se, filed a petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 224, (doc. 1), challenging his continued
detention pending removal pursuant to the Immigration and Nationality Act. See
generally, Zadvydas v. Davis, 533 U.S. 678 (2001). On August 3, 2015, the
respondents filed a motion to dismiss this action as moot on the grounds the petitioner
has been removed from the United States. (Doc. 8). As support for their motion, the
respondents attached to the motion the declaration of the Supervisory Detention and
Deportation Officer of the U.S. Immigration and Customs Enforcement facility in
Gadsden, Alabama, stating that the petitioner was deported to El Salvador on July 31,
2015. (Doc. 8-1).
Because ICE has removed the petitioner from the United States, the court can
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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, 423 U.S. 1, 8 (1998) (once habeas petitioner is released from
custody, he must demonstrate collateral consequences to avoid mootness doctrine).
Accordingly, the motion to dismiss (doc. 8) is due to be GRANTED, and
this action is due to be DISMISSED AS MOOT. Moreover, because his action is
moot, the court finds that the petitioner’s “Request for Permission to File a Late
[S]ubmission of Affidavits and other Materials” (doc. 7) also is due to be
DISMISSED AS MOOT.
The court will enter a separate Final Order.
DONE and ORDERED this 8th day of September, 2015.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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