Muhumed v. Hassel et al

Filing 13

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 3/9/2017. (KEK)

FILED
2017 Mar-09 AM 08:45
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
ASAD HASAN MUHUMED,
Petitioner,
v.
SCOTT HASSEL, et al.,
Respondents.

)
)
)
)
)
)
)
)
)

Case No.: 4:16-cv-01982-MHH-SGC

MEMORANDUM OPINION
This matter is before the court on Respondents' Motion to Dismiss as Moot.
(Doc. 12). In the motion, Respondents note that Petitioner Asad Hasan Muhumed
was released from ICE custody on February 22, 2017, pursuant to an Order of
Supervision. (Id. at 1; Doc. 12-1). Because Mr. Muhumed has been released,
Respondents contend this case should be dismissed as moot.
On December 12, 2016, Mr. Muhumed filed a petition for writ of habeas
corpus seeking to be released from custody pending his removal to Ethiopia. (Doc.
1). Because Mr. Muhumed has been released on an Order of Supervision, 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’”); see also Spencer v. Kemna, 523 U.S. 1, 8 (1998)
(once a habeas petitioner is released from custody, he must demonstrate collateral

consequences to avoid mootness doctrine). Accordingly, this matter is due to be
dismissed. Khader v. Holder, 843 F. Supp. 2d 1202 (N.D. Ala. 2011).
The Court will enter a separate final order.
DONE and ORDERED this March 9, 2017.
_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE