Oscar v. Hassell
MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 6/23/17. (SAC )
2017 Jun-23 PM 02:43
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SCOTT HASSELL, Sheriff of Etowah
County Detention, et al,
CIVIL ACTION NO.
This is a habeas corpus action under 28 U.S.C. § 2241, filed by Petitioner
Afrivie Oscar, 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). The cause now comes to be heard on
Respondents’ motion to dismiss the action as moot, on the ground that Petitioner has
been removed. (Doc. 9). As explained below, 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 who states that Petitioner was removed from the United
States to Ghana 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
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