Chhot v. Sessions et al

Filing 10

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 5/22/2017. (JLC)

FILED
2017 May-22 PM 03:48
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
CHANTHA CHHOT,
Petitioner,
v.
JEFFERSON SESSIONS, et al.,
Respondents.

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Case No.: 4:17-cv-00523-VEH-SGC

MEMORANDUM OPINION
This case is before the court on Respondents' Amended Motion to Dismiss as
Moot, filed May 10, 2017. (Doc. 8). In the motion, Respondents note Petitioner was
released from ICE custody on May 9, 2017, pursuant to an Order of Supervision. (Id.
at 2; see Doc. 8-1 at 1). Because Petitioner has been released, Respondents contend
this case is due to be dismissed as moot.
On April 3, 2017, Petitioner filed a petition for writ of habeas corpus seeking
to be released from custody pending his removal to Thailand. (Doc. 1). Because
Petitioner has been released on an Order of Supervision, his petition seeking that very
relief is moot. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003) ("a case
must be dismissed as moot if the court can no longer provide 'meaningful relief'"); see
also Spencer v. Kemna, 523 U.S. 1, 7-8 (1998) (once a habeas petitioner is released
from custody, he must demonstrate collateral consequences to avoid mootness

doctrine). Accordingly, this matter is due to be dismissed. Khader v. Holder, 843 F.
Supp. 2d 1202, 1202 (N.D. Ala. 2011).
A separate order will be entered.
DONE and ORDERED this 22nd day of May, 2017.

VIRGINIA EMERSON HOPKINS
United States District Judge