Liu v. Sessions et al

Filing 10

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 3/28/2018. (KAM)

FILED
2018 Mar-28 PM 04:03
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
BAO DI LIU,
Petitioner
v.
JEFF SESSIONS, et al.,
Respondents

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Case No. 4:17-cv-01392-AKK-HNJ

MEMORANDUM OPINION
Respondents have filed a Motion to Dismiss Petition as Moot. Doc. 9.
Petitioner initially filed a petition for writ of habeas corpus pursuant to 28 U.S.C. §
2241, seeking release from detention pending deportation to China. Respondents
released him from custody on an order of supervision on December 4, 2017, see
doc. 9-1, and now move for dismissal of his habeas petition as moot.
After consideration of the record in this action and respondent’s motion, the
court finds that petitioner’s release on an order of supervision has rendered his
habeas corpus petition moot. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir.
2003); Soliman v. United States ex rel. INS, 296 F.3d 1237, 1242 (11th Cir. 2002).
Moreover, the court finds that no exceptions to the mootness doctrine apply in this
case. See Murphy v. Hunt, 455 U.S. 478, 482 (1982); Carafas v. La Vallee, 391

U.S. 234, 237 (1968). Therefore, the court GRANTS respondent’s Motion to
Dismiss Petition, doc. 9, and DISMISSES this action as MOOT.
DONE the 28th day of March, 2018.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE