Issack v. Johnson et al

Filing 9

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 10/11/17. (SAC )

FILED
2017 Oct-11 PM 12:41
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
MOHAMMED ABDIKRARIM ISSACK,

)
)
Petitioner,
)
)
v.
) CIVIL ACTION NO.
) 4:16-cv-2022-KOB-JEO
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JEFF B. SESSIONS , Attorney General of )
the United States, et al.,
)
)
Respondents.
)
MEMORANDUM OPINION
This is an action on a petition for writ of habeas corpus brought pursuant to
28 U.S.C. § 2241 by Mohammed Abdikarim Issack (“Petitioner”). Petitioner
challenges the legality of his continued detention by federal immigration
authorities pending his removal under the Immigration and Nationality Act. (See
Doc. 1). Respondents have now filed a motion to dismiss the action as moot, on
the ground that Petitioner has been removed from the United States. (Doc. 8).
Respondents’ motion is supported by a declaration by a Supervisory
Detention and Deportation Officer who states that Petitioner was removed from

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When the Petitioner filed this action in December 2016, he named as a respondent
Loretta Lynch, who was then the Attorney General of the United States. Lynch, however, has
since been replaced in that post by Jeff Sessions. As such, Sessions is due to be substituted for
Lynch as a respondent. See FED. R. CIV. P. 26(d). The Clerk is hereby DIRECTED to make
such substitution formal on the docket sheet.

the United States on March 9, 2017. (Doc. 8-1). As a result, Petitioner’s habeas
corpus claim for release under an order of supervision or for repatriation is moot
because the court can no longer provide meaningful relief. See Nyaga v. Ashcroft,
323 F.3d 906, 913 (11th Cir. 2003). Respondents’ motion is due to be granted and
this action is due to be dismissed. A separate Final Order will be entered.
DONE and ORDERED this 11th day of October, 2017.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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