Durham v. Hassell et al

Filing 9

MEMORANDUM OPINION Signed by Judge Abdul K Kallon on 4/19/17. (SAC )

FILED
2017 Apr-19 AM 08:59
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
ANTHONY DURHAM,
Petitioner,

vs.
SCOTT HASSELL, Warden,
Etowah County Jail, et al.,
Respondents.

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Civil Action Number
4:16-cv-00664-AKK-JEO

MEMORANDUM OPINION
On April 26, 2016, petitioner Anthony Durham filed a petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241. Doc. 1. At the time he filed his
petition, Durham, a native of Jamaica, was incarcerated at the Etowah County
Detention Center in Gadsden, Alabama, in the custody of the Bureau of
Immigration and Customs Enforcement (“ICE”). In his petition, Durham alleged
that he was being illegally detained by ICE pending his deportation. See generally
doc. 1.
On January 18, 2017, Durham was released from ICE custody and removed
from the United States. Doc. 8-1. Respondents have filed a motion to dismiss this
action as moot, since Durham is no longer in ICE custody. See doc. 8.
After consideration of the record in this case and respondents’ motion to
dismiss, the court finds that Durham’s removal has rendered his habeas corpus

petition moot.

See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003)

(citations omitted); Soliman v. U.S. ex rel. INS, 296 F.3d 1237 (11th Cir. 2002).
Moreover, the court finds that no exceptions to the mootness doctrine apply in this
case. See Murphy v. Hunt, 455 U.S. 478, 482 (1982); Carafas v. LaVallee, 391
U.S. 234, 237 (1968). Therefore, because there is no longer any relief that can be
granted to Durham, his petition is due to be dismissed as moot.
DONE the 19th day of April, 2017.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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