Piedra v. Sessions et al

Filing 15

MEMORANDUM OPINION. Signed by Judge Annemarie Carney Axon on 7/12/2018. (TLM, )

FILED
2018 Jul-12 PM 03:03
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
JOSE P. PIEDRA,
Petitioner,
v.
JEFF SESSIONS, U.S. ATTORNEY
GENERAL, et al.,

)
)
)
)
)
)
)
)
)

Case No.: 4:17-cv-01417-ACA-HNJ

Respondents.
MEMORANDUM OPINION
This case is before the court on respondents’ Motion to Dismiss Petition as
Moot, filed July 6, 2018. (Doc. 14). In the motion, respondents note petitioner
was released from ICE custody on March 12, 2018, after an Immigration Judge in
Tacoma, Washington, granted him withholding of removal. (Doc. 14-1, North
Decl.). Because petitioner has been released, respondents contend this case is due
to be dismissed as moot. (Doc. 14).
On August 21, 2017, petitioner filed a petition for writ of habeas corpus
seeking to be released from custody pending his removal to Mexico. (Doc. 1).
Because petitioner has been released, 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 this July 12, 2018.

_________________________________
ANNEMARIE CARNEY AXON
UNITED STATES DISTRICT JUDGE