Aden v. Hassell et al

Filing 8

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 9/28/2015. (AVC)

FILED
2015 Sep-28 AM 11:11
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
BASHIR MOHAMED ADEN,
Petitioner,
v.
SCOTT HASSELL, et al.
Respondents.

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Case No.: 4:15-cv-00862-AKK-SGC

MEMORANDUM OPINION
This is an action on a petition for a writ of habeas corpus brought pursuant to
28 U.S.C. § 2241 in which Bashir Mohamed Aden, proceeding pro se, has sought
to challenge his continued detention pending removal pursuant to the Immigration
and Nationality Act. See generally, Zadvydas v. Davis, 533 U.S. 678 (2001). The
respondents have filed a motion to dismiss this action as moot on the grounds the
petitioner was released from the custody of the United States Immigration and
Customs Enforcement on September 22, 2015, pursuant to an order of supervision.
Doc. 7. The respondents’ 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 that on September 22,
2015, the petitioner was released pursuant to an order of supervision. Doc. 7-1.

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In light of the petitioner’s release on an order of supervision, 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); 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. 7, is due to be GRANTED, and the
petition for a writ of habeas corpus, doc. 1, is due to be DISMISSED as MOOT.
A separate order will be entered.
DONE the 28th day of September, 2015.

_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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