Bin v. Kelly

Filing 11

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 06/28/2017. (KBB)

FILED
2017 Jun-29 AM 08:45
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
NHE BIN,
Petitioner,

vs.
JOHN F. KELLY,
Respondent.

)
)
)
)
)
)
)
)

Civil Action Number
4:17-cv-00701-AKK-TMP

MEMORANDUM OPINION
On May 1, 2017, Nhe Bin filed a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2241. Doc. 1. At the time he filed his petition, Bin, a
native of Cambodia, was incarcerated at the Etowah County Detention Center, in
the custody of the Bureau of Immigration and Customs Enforcement (“ICE”). In
his petition, Bin alleged that he was being illegally detained by ICE pending his
deportation to Cambodia. See generally doc. 1.
On June 13, 2017, Bin was released from ICE custody under an order of
supervision. Doc. 9-1 at 2. Respondent has filed a motion to dismiss the action as
moot, since Bin is no longer in ICE custody. Doc. 9.
After consideration of the record in this case and respondent’s motion to
dismiss, the court finds that Bin’s release has rendered his habeas corpus petition
moot.

See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003) (citations

omitted); Soliman v. U.S. ex rel. INS, 296 F.3d 1237 (11th Cir. 2002). Moreover,

the court finds that no exceptions to the mootness doctrine apply in this case. See
Carafas v. LaVallee, 391 U.S. 234, 237 (1968); Murphy v. Hunt, 455 U.S. 478, 482
(1982). Therefore, because there is no longer any relief that can be granted to Bin,
his petition is due to be dismissed as moot.
A final judgment will be entered contemporaneously herewith.
DONE the 28th day of June, 2017.

_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

2