Gonzalez Figueroa v. Wilcox et al

Filing 34

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

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?