Yu v. Lynch et al
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 2/11/2016. (AVC)
2016 Feb-11 PM 04:06
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
LORETTA E. LYNCH et al.,
This is an action on a petition for a writ of habeas corpus filed pursuant to 28
U.S.C. §2241. Doc. 1. The Petitioner, a citizen of China, challenges his continued
detention by United States Immigration and Customs Enforcement (“ICE”) at the
Etowah County Detention Center in Gadsden, Alabama. The case is now before
the court on the Respondents’ motion to dismiss the petition as moot. Doc. 7. In
their motion, the Respondents note that the Petitioner was released from ICE
custody on February 8, 2016.
Because the Petitioner has been released from ICE custody, his petition
seeking that very relief 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’”). Accordingly, this matter is due to be dismissed. Khader v.
Holder, 843 F. Supp. 2d 1202 (N.D. Ala. 2011). A separate order will be entered.
DONE the 11th day of February, 2016.
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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