Abdullahi Abdi Aziz Hussein v. ICE

Filing 15

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 11/22/2017. (KBB)

FILED
2017 Nov-22 AM 09:43
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
ABDULLAHI ABDI AZIZ HUSSEIN,
Petitioner,
v.
U.S. ICE,
Respondent.

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Civil Action No.
4:17-cv-01217-AKK-JEO

MEMORANDUM OPINION
This is an action on a petition for writ of habeas corpus brought pursuant to
28 U.S.C. § 2241 by Abdullahi Abdi Aziz Hussein (“Petitioner”). (See Doc. 1).
Acting pro se, Petitioner originally filed the action in the United States District
Court for the Central District of California, which transferred it to this court. (See
Doc. 10). Petitioner claims he is being held unlawfully because he has not been
afforded an individualized bond hearing while his petition for review in the Ninth
Circuit Court of Appeals is pending to challenge an order of removal under the
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. See generally Zadvydas
v. Davis, 533 U.S. 678 (2001); Sopo v. U.S. Att’y Gen., 825 F.3d 1199 (11th Cir.
2016). The cause now comes to be heard on a motion to dismiss the action as
moot, filed by the Respondent. (Doc. 14). The court concludes that the motion is
due to be granted.

An immigration detainee’s claim for habeas relief is moot once he has been
repatriated and released from custody because the court can no longer grant
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). To
that end, Respondents’ motion to dismiss is supported by a declaration by a
Supervisory Detention and Deportation Officer who states that, according to his
review of attached records, Petitioner was removed from the United States to
Somalia on July 27, 2017. (Doc. 14-1). Respondent’s motion is therefore due to
be granted and this action will be dismissed. A separate Final Order will be
entered.
DONE, this 22 day of November, 2017.

_______________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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