Jiang v. Sessions et al

Filing 7

MEMORANDUM OPINION Signed by Judge Virginia Emerson Hopkins on 6/12/17. (SAC )

FILED
2017 Jun-12 PM 01:45
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
JING WANG JIANG,

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Petitioner,
v.
JEFF SESSIONS, et al.,
Respondents.

Case No.: 4:17-cv-00762-VEH-SGC

MEMORANDUM OPINION
This case is before the court on Respondents' Motion to Dismiss as Moot, filed June 8,
2017. (Doc. 6). In the motion, Respondents note Petitioner was released from ICE custody on
June 8, 2017, pursuant to an Order of Supervision.. (Doc. 6 at 1). Because Petitioner has been
released, Respondents contend this case is due to be dismissed as moot.
On May 10, 2017, Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody pending his removal to China. (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 12th day of June, 2017.

VIRGINIA EMERSON HOPKINS
United States District Judge