Bashar v. Johnson et al
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 4/5/2017. (JLC)
2017 Apr-05 PM 03:45
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
AHMED FARAH BASHAR,
JOHN F. KELLY, SECRETARY, et
Civil Action Number
On January 4, 2017, petitioner Ahmed Farah Bashar 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, Bashar, a native of Somalia, 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, Bashar alleged
that he was being illegally detained by ICE pending his deportation. See generally
On March 9, 2017, Bashar was released from ICE custody and removed
from the United States. Doc. 14-1. Respondents have filed a motion to dismiss
this action as moot, since Bashar is no longer in ICE custody. See doc. 14.
After consideration of the record in this case and respondents’ motion to
dismiss, the court finds that petitioner’s removal has rendered his habeas corpus
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 Bashar, his petition is due to be dismissed as moot.
DONE the 5th day of April, 2017.
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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