Gonzalez Figueroa v. Wilcox et al

Filing 34

MEMORANDUM OPINION. Signed by Judge Annemarie Carney Axon on 7/12/2018. (TLM, )

FILED
2018 Jul-12 PM 02:58
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
JESUS O. GONZALEZ-FIGUEROA,
Petitioner,
v.
JEFFERSON SESSIONS, et al.,
Respondents.

)
)
)
)
)
)
)
)
)

Case No.: 4:18-cv-01771-ACA-TMP

MEMORANDUM OPINION
This case is before the court on Respondents’ Motion to Dismiss as Moot,
filed July 6, 2018. (Doc. 33). In the motion, Respondents note Petitioner was
removed from the United States to Mexico on June 11, 2018.

(Doc. 33-1).

Because Petitioner is no longer in custody, 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 Mexico. (Doc. 1).
Because Petitioner has been removed, his petition 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 Soliman v. United States, 296
F.3d 1237-1242-43 (11th Cir. 2002) (once a habeas petitioner is no longer
detained, “no order … requiring [his] release into the community awaiting his final

removal order could have any effect.”). 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.
DONE and ORDERED this July 12, 2018.

_________________________________
ANNEMARIE CARNEY AXON
UNITED STATES DISTRICT JUDGE