None v. Department of Homeland Security et al
MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 1/5/2017. (PSM)
2017 Jan-05 AM 11:41
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
DEPARTMENT OF HOMELAND
SECURITY, et al.,
) CIVIL ACTION NO.
This is an action on a petition for writ of habeas corpus brought pursuant to
28 U.S.C. § 2241 by Harjap None (“Petitioner”). Petitioner challenges the legality
of his continued detention by federal immigration authorities pending his removal
from the United States under the Immigration and Nationality Act. (See Doc. 1);
see generally Zadvydas v. Davis, 533 U.S. 678 (2001). The cause comes to be
heard on Respondents’ motion to dismiss the case as moot. (Doc. 8). The motion
is due to be granted.
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. 8-1).
In that declaration it is shown that Petitioner was removed from the United States
on December 13, 2016. (Id.). Thus, Petitioner’s habeas corpus 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). The Respondents’ motion is due to be granted
and this action is due to be dismissed. A separate Final Order will be entered.
Done this 5th day of January 2017.
L. Scott Coogler
United States District Judge
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