Ding v. Sessions et al

Filing 4

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 7/10/2017. (PSM)

FILED
2017 Jul-10 PM 02:17
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
LI SHENG DING,
Petitioner,
v.
JEFF SESSIONS, U.S. Attorney General,
et al.,
Respondents.

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CIVIL ACTION NO.
4:17-cv-0993-LSC-JEO

MEMORANDUM OPINION
This is a habeas corpus action under 28 U.S.C. § 2241, filed by Petitioner Li
Sheng Ding, pro se. Petitioner challenges the legality of his continued detention by
Immigration and Customs Enforcement (“ICE”) authorities pending his removal from
the United States under the Immigration and Nationality Act. (See Doc. 1). The cause
now comes to be heard on Respondents’ motion to dismiss the action as moot, on the
ground that Petitioner has been released from ICE custody. (Doc. 3). As explained
below, 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 who states that Petitioner was released from ICE custody
under an order of supervision on June 27, 2017. (Doc. 3-1). 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 this 10th day of July 2017.

L. Scott Coogler
United States District Judge
[160704]

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