Tanui v. U.S. Attorney General of America

Filing 19

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 7/17/2018. (PSM)

FILED
2018 Jul-17 AM 10:24
U.S. DISTRICT COURT
N.D. OF ALABAMA

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

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Case No.: 4:17-cv-01770-LSC-JEO

MEMORANDUM OPINION
This case is before the court on Respondents’ Motion to Dismiss as Moot, filed July 6,
2018. (Doc. 18). In the motion, Respondents note Petitioner was released from ICE custody on
June 19, 2018, 1 pursuant to an Order of Supervision. (Doc. 18-1). Because Petitioner has been
released, Respondents contend this case is due to be dismissed as moot.
On October 18, 2017, Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody pending his removal to Kenya. (Doc. 1). Because Petitioner 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) (once
a habeas petitioner is released from custody, he must demonstrate collateral consequences to
avoid mootness doctrine). Accordingly, this matter is due to be dismissed. Khader v. Holder,
843 F. Supp. 2d 1202, 1202 (N.D. Ala. 2011).
A separate order will be entered.

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The EARM Custody Database printout supplied by Respondents identified Petitioner’s release
–removal date as March 29, 2018. (Doc. 18-1 at 2).
1

DONE and ORDERED on July 17, 2018.

_____________________________
L. Scott Coogler
United States District Judge
160704

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