Alhassan v. Hassell et al

Filing 10

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 6/23/17. (SAC )

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FILED 2017 Jun-23 PM 02:16 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION SAIBU ALHASSAN, Petitioner, v. SCOTT HASSELL, Warden, Etowah County Jail, et al., Respondents. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 4:17-cv-0432-KOB-JEO MEMORANDUM OPINION This is a habeas corpus action under 28 U.S.C. § 2241, filed by Petitioner Saibu Alhassan, 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). Respondents have moved to dismiss the action as moot, on the ground that Petitioner has been removed from the United States. (Doc. 9). Respondents’ motion is supported by a declaration by a Supervisory Detention and Deportation Officer who states that Petitioner was removed from the United States on June 13, 2017. (Doc. 9-1). 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 23rd day of June, 2017. ____________________________________ KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE 2

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