Zhu v. Kelly et al

Filing 8

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 10/19/2017. (KBB)

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FILED 2017 Oct-20 AM 08:29 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION ZI QIANG ZHU, ) ) Petitioner, ) v. ) ) JOHN E. KELLY, Secretary of the ) Department of Homeland Security, et ) al., ) Respondents. ) Civil Action Number 4:17-cv-0595-AKK-JEO MEMORANDUM OPINION This is a habeas corpus action under 28 U.S.C. ' 2241, filed by Petitioner Zi Qiang Zhu, 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. 7. 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 June 27, 2017. Doc. 7-1. 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 the 19th day of October, 2017. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2

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