Rugarema v. Sessions et al

Filing 11

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 10/30/17. (SAC )

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FILED 2017 Oct-30 PM 03:27 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION RICHARD RUGAREMA, Petitioner, v. JEFFERSON B. SESSIONS, U.S. Attorney General, et al., Respondents. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 4:17-cv-1116-KOB-JEO MEMORANDUM OPINION Petitioner Richard Rugarema, acting pro se, filed this habeas corpus action under 28 U.S.C. § 2241. 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, 8 U.S.C. § 1101 et seq. (See Doc. 1); see also generally Zadvydas v. Davis, 533 U.S. 678 (2001). The Respondents filed a motion to dismiss the action as moot, on the ground that Petitioner has been removed from the United States. (Doc. 10). A declaration by a Supervisory Detention and Deportation Officer that Petitioner was removed from the United States on September 21, 2017 supports Respondents’ motion. (Doc. 10-1). 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. The court will enter a separate Final Order. DONE and ORDERED 30th day of October, 2017. ____________________________________ KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE 2

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