Bashar v. Johnson et al
Filing
15
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 4/5/2017. (JLC)
FILED
2017 Apr-05 PM 03:45
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
AHMED FARAH BASHAR,
Petitioner,
vs.
JOHN F. KELLY, SECRETARY, et
al.,
Defendants.
)
)
)
)
)
)
)
)
)
Civil Action Number
4:17-cv-00034-AKK-SGC
MEMORANDUM OPINION
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
doc. 1.
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
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 Bashar, his petition is due to be dismissed as moot.
DONE the 5th day of April, 2017.
_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?