Figueroa-Macedo v. U.S. Department of Homeland Security et al

Filing 8

MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 1/29/2016. (AVC)

FILED
2016 Jan-29 PM 02:53
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
CARLOS HUGO FIGUEROA-MACEDO,
Petitioner,
v.
UNITED STATES DEPARTMENT OF
HOMELAND SECURITY and UNITED
STATES CUSTOMS ENFORCEMENT,
Respondents.

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CIVIL ACTION NO.
4:15-cv-2228-WMA-JEO

MEMORANDUM OPINION
This habeas corpus action was filed on December 7,
2015, by Carlos Hugo Figueroa-Macedo, an immigration
detainee acting pro se. The cause

comes to be heard on

the Respondents’ motion to dismiss the case as moot.
(Doc. 6). The court concludes that the motion is due to
be granted.
In support of their motion, the Respondents have
filed a copy of an unsworn declaration made pursuant to
28

U.S.C.

§

1746

by

a

Supervisory

Detention

and

Deportation Officer of the U.S. Immigration and Customs
Enforcement facility at Gadsden, Alabama. (Doc. 6-1). In
that declaration it is shown that Petitioner was removed

from the United States on January 21, 2016. (Id.). Thus,
the petitioner’s claim for release under an order of
supervision or for repatriation is moot. See Nyaga v.
Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003). Accordingly,
this matter is due to be dismissed as moot. A separate
final order will be entered.
DONE this the 29th day of January, 2016.

___________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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