Maalin v. Sessions et al

Filing 7

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 6/5/2017. (JLC)

FILED
2017 Jun-05 PM 02:00
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
FAYSAL BADAL MAALIN,
Petitioner,
v.
JEFFERSON B. SESSIONS, et al.,
Respondents.

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Case No.: 4:17-cv-00582-VEH-SGC

MEMORANDUM OPINION
This case is before the court on Respondents' Motion to Dismiss as Moot, filed June 1,
2017. (Doc. 6). In the motion, Respondents note Petitioner was released from ICE custody at
some point during the week beginning May 22, 2017, pursuant to an Order of Supervision.
(Doc. 6 at 2; see also Doc. 6-1).1 Because Petitioner has been released, Respondents contend
this case is due to be dismissed as moot.
On April 11, 2017, Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody pending his removal to Ethiopia. (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.
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Further, a search of the ICE online detainee locator reveals no records for Petitioner. See
https://locator.ice.gov/odls/searchByAlienNumber.do (last visited June 2, 2017).

DONE and ORDERED this 5th day of June, 2017.

VIRGINIA EMERSON HOPKINS
United States District Judge