Bailor v. Sessions et al

Filing 10

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 6/25/2018. (KEK)

FILED
2018 Jun-25 PM 03:43
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
BARRIE BAILOR,
Petitioner,
v.
JEFFERSON B. SESSIONS, et al.,
Respondents.

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Case No.: 4:17-cv-1646-MHH-JEO

MEMORANDUM OPINION
This case is before the Court on the respondents’ June 14, 2018 motion to
dismiss. (Doc. 9). On September 25, 2017, Mr. Bailor filed a petition for writ of
habeas corpus seeking his release from custody pending his removal to Guinea.
(Doc. 1). In their motion to dismiss, the respondents contend that the Court should
dismiss Mr. Bailor’s § 2241 habeas petition because United States Immigration
and Customs Enforcement released him from custody on May 4, 2018, pursuant to
an order of supervision. (Doc. 9, p. 1; see also Doc. 9-1, North Decl.).
Because Mr. Bailor 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, 8 (1998) (once a
habeas petitioner is released from custody, he must demonstrate collateral

consequences to avoid mootness doctrine). Accordingly, by separate order, the
Court will dismiss this matter.
DONE this the 25th day of June, 2018.

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MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE