Weng v. Kelly et al

Filing 11

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 10/18/2017. (JLC)

FILED
2017 Oct-18 AM 11:48
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
JIAMING WENG,
Petitioner,
v.
JOHN E. KELLY, Secretary of the
Department of Homeland Security, et al.,
Respondents.

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CIVIL ACTION NO.
4:17-cv-0374-VEH-JEO

MEMORANDUM OPINION
This is a habeas corpus action under 28 U.S.C. § 2241, filed by Petitioner
Jiaming Weng, pro se. 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 also generally Zadvydas v.
Davis, 533 U.S. 678 (2001). The cause comes to be hearing on the Respondents’
motion to dismiss the action as moot. (Doc. 10). The court concludes that the motion
is due to be granted.
Respondents’ motion is supported by a declaration by a Supervisory Detention
and Deportation Officer indicating that Petitioner was released from ICE custody
under an order of supervision on July 13, 2017. (Doc. 10-1). 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); Soliman v. United States ex rel. INS, 296
F.3d 1237, 1242-43 (11th Cir. 2002). Respondents’ motion is due to be granted and
this action is due to be dismissed. A separate Final Order will be entered.
DONE, this 18th day of October, 2017.

VIRGINIA EMERSON HOPKINS
United States District Judge

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