Tarawally v. United States Attorney General

Filing 16

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 9/28/2018. (KEK)

FILED
2018 Sep-28 PM 02:00
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
DUKULAY MOHAMED
TARAWALLY,
Petitioner,
v.
UNITED STATES ATTORNEY
GENERAL,
Respondent.

}
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} Case No.: 4:17-cv-1658-MHH-SGC
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MEMORANDUM OPINION
This action is before the Court on the respondent’s August 18, 2018 motion
to dismiss. (Doc. 15). On September 27, 2017, Mr. Tarawally filed a petition for
writ of habeas corpus seeking his release from custody pending his removal to
Liberia. (Doc. 1, p. 2).

In his motion, the Attorney General contends that the

Court should dismiss Mr. Tarawally’s § 2241 habeas petition because United
States Immigration and Customs Enforcement released Mr. Tarawally from
custody on June 19, 2018. (Doc. 15-1, North Decl.). Although the Attorney
General states that it did not serve Mr. Tarawally with a copy of the motion (Doc.
15, p. 6), the Court has confirmed with the Clerk’s Office that Mr. Tarawally’s
counsel, Fatai A. Suleman, received a copy of the motion electronically on August
18, 2018 at 9:28 p.m. CDT.

Because Mr. Tarawally has been released from custody and deported to
Liberia, 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. Khader v. Holder, 843 F. Supp. 2d 1202
(N.D. Ala. 2011).
DONE and ORDERED this September 28, 2018.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

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