Blain v. Sessions et al
Filing
9
MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 5/25/2018. (KEK)
FILED
2018 May-25 PM 12:22
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
JOHN ANTHONY BLAIN,
Petitioner,
v.
JEFF SESSIONS, et al.,
Respondents.
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Case No. 4:17-cv-01727-MHH-SGC
MEMORANDUM OPINION
When petitioner John Anthony Blain filed his 28 U.S.C. § 2241 petition in
this matter, he was in the custody of Immigration and Customs Enforcement (ICE)
officials at the Etowah County Detention Center, and he challenged his continued
detention. (Doc. 1).
On May 24, 2018, the respondents filed a motion to dismiss this action as
moot because Mr. Blain was removed from the United States to Gambia on May
16, 2018. (Doc. 8; Doc. 8-1). A court must dismiss a case as moot if the court no
longer can provide “meaningful relief.” Nyaga v. Ashcroft, 323 F.3d 906, 913
(11th Cir. 2003) (citations omitted).
In his petition, Mr. Blain asks the Court to order his release from ICE
custody. Because the record demonstrates that Mr. Blain no longer is in ICE
custody, the Court cannot provide meaningful relief, and Mr. Blain’s petition is
moot. Accordingly, the Court will grant the respondents’ motion to dismiss.
The Court will enter a separate final order.
DONE and ORDERED this May 25, 2018.
_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE
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