Lopez v. Hassell et al

Filing 18

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 4/24/2018. (JLC)

FILED
2018 Apr-24 PM 02:43
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
PAUL LOPEZ,
Petitioner,
v.
SCOTT HASSELL, Warden of Etowah
County Detention Center, et al.,
Respondents.

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Case No. 4:17-cv-1673-VEH-JEO

MEMORANDUM OPINION
This is a habeas corpus action under 28 U.S.C. § 2241, filed by Petitioner Paul Lopez,
pro se. Petitioner challenges the legality of his continued detention by federal immigration
authorities pending his removal from the United States under the Immigration and Nationality
Act. (See Doc.1). Respondents have moved to dismiss the action as moot, on the ground that
Petitioner has been released from the U.S. Immigration and Customs Enforcement (“ICE”)
custody. (Doc. 16).
Respondents’ motion is supported by a declaration by an ICE Assistant Field Office
Director who states that Petitioner was released from ICE custody on an Order of Supervision on
April 11, 2018. (Doc. 16-1). As a result, Petitioner’s habeas corpus claim for release under an
order of supervision or for repatriation is moot because the court can no longer provide
meaningful relief. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003). Respondents’
motion is due to be granted and this action is due to be dismissed. A separate Final Order will be
entered.

DONE and ORDERED this 24th day of April, 2018.

VIRGINIA EMERSON HOPKINS
United States District Judge