Omar v. Hassell et al

Filing 7

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 11/14/2017. (KEK)

FILED
2017 Nov-14 AM 09:38
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
DARYUSH OMAR,
Petitioner,
v.
SCOTT HASSELL, Warden, et al.,
Respondents.

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Case No.: 4:17-cv-01539-MHH-SGC

MEMORANDUM OPINION
On September 11, 2017, petitioner Daryush Omar filed a petition for writ of
habeas corpus seeking to be released from custody pending his removal to
Afghanistan. (Doc. 1). On November 8, 2017, the respondents filed a motion to
dismiss this action as moot. (Doc. 6). In the motion, the respondents state that Mr.
Omar was released from ICE custody on November 1, 2017, pursuant to an order
of supervision. (Doc. 6, p. 1; Doc. 6-1, p. 1).
Because Mr. Omar 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) (when a
habeas petitioner is released from custody, he must demonstrate collateral
consequences to avoid mootness doctrine). Accordingly, the Court will dismiss

this matter as moot. Khader v. Holder, 843 F. Supp. 2d 1202, 1202 (N.D. Ala.
2011).
The Court will enter a separate final order.
DONE and ORDERED this November 14, 2017.

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MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE