Thabateh v. Sessions et al

Filing 5

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 7/25/2017. (PSM)

FILED
2017 Jul-25 AM 10:02
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
MAMOUN THABATEH,

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

Case No.: 4:17-cv-01054-LSC-SGC

MEMORANDUM OPINION
This case is before the court on Respondents' Motion to Dismiss as Moot, filed July 17,
2017. (Doc. 4). In the motion, Respondents note Petitioner was released from ICE custody on
July 10, 2017, pursuant to an order of supervised release. (Id.). Because Petitioner has been
released, Respondents contend this case is due to be dismissed as moot.
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 on July 25, 2017.

_____________________________
L. Scott Coogler
United States District Judge
160704