Sunday v. Hassell

Filing 19

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 10/17/2017. (KEK)

FILED
2017 Oct-17 PM 01:11
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

SINA SUNDAY,
Petitioner,
v.
SCOTT HASSELL, Warden, Etowah
County Detention Center,
Respondent.

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4:15-cv-1414-MHH-JEO

MEMORANDUM OPINION
This is a habeas corpus case filed pursuant to 28 U.S.C. § 2241 by Sina Sunday,
pro se. (Doc. 1). Mr. Sunday challenges his continued detention pending his removal
from the United States pursuant to the Immigration and Nationality Act (“INA”), 8
U.S.C. § 1101 et seq. The Respondents argue that the Court should dismiss this
action as moot because Mr. Sunday has been removed from the United States. (Doc.
17).
In support of their motion to dismiss, respondents offer a declaration by a
Supervisory Detention and Deportation Officer who states that Mr. Sunday was
removed from the United States to Nigeria on August 29, 2017. (Doc. 17-1). Because
Mr. Sunday already has been released from custody and removed from the United
States, Mr. Sunday’s habeas corpus claim for release under an order of supervision or

for repatriation is moot; the Court no longer may provide meaningful relief. See
Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003); Soliman v. United States ex
rel. INS, 296 F.3d 1237, 1242-43 (11th Cir. 2002). The Court will enter a separate
final order dismissing this habeas action as moot.
DONE, this 17th day of October, 2017.

MADELINE HUGHES HAIKALA
U.S. DISTRICT JUDGE

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