Barrie v. Department of Homeland Security et al

Filing 18

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 5/25/2018. (KEK)

FILED
2018 May-25 PM 12:38
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
IBRAHIM BARRIE,
Petitioner,
v.
DEPARTMENT OF HOMELAND
SECURITY, et al.,

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Case No. 4:17-cv-01775-MHH-HNJ

Respondents.

MEMORANDUM OPINION
When petitioner Ibrahim Barrie filed his 28 U.S.C. § 2241 petition in this
matter, he was being held in the Etowah County Detention Center as an
Immigration and Customs Enforcement (ICE) detainee subject to a final order of
deportation dated October 22, 2012, and Mr. Barrie sought release pending his
final removal from the United States. (Doc. 1).
On April 3, 2018, the respondents filed a motion to dismiss this action as
moot because Mr. Barrie was removed from the United States to Sierra Leone on
March 16, 2018. (Doc. 15; Doc. 15-1).1 A court must dismiss a case as moot if the
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On April 16, 2018, the magistrate judge entered an order advising Mr. Barrie of his
right to respond to the motion to dismiss within 20 days. (Doc. 16). The Clerk mailed a copy of
the April 16, 2018 order to Mr. Barrie at his address of record at the Etowah County Detention
Center. The Postal Service returned Mr. Barrie’s copy of the order to the Clerk with the
following notations: “Return to Sender,” “Refused,” and “Unable to Forward.” (Doc. 17). In
the declaration that the respondents filed in support of their motion to dismiss, the respondents

court no longer can provide “meaningful relief.” Nyaga v. Ashcroft, 323 F.3d 906,
913 (11th Cir. 2003) (citations omitted).
In his petition, Mr. Barrie asks the Court to order his release from ICE
custody. (Doc. 1). Because the record demonstrates that Mr. Barrie no longer is in
ICE custody, the Court cannot provide meaningful relief, and Mr. Barrie’s petition
is moot. Accordingly, the Court will grant the respondents’ motion to dismiss.
The Court will enter a separate final order. The Court directs the Clerk to
please mail a copy of this memorandum opinion and of the docket sheet in this
matter to Mr. Barrie at 4504 N. New Hope Rd., Raleigh, NC, 27612.
DONE and ORDERED this May 25, 2018.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

stated that Mr. Barrie “provided a forwarding address of 4504 N. New Hope Rd., Raleigh, NC,
27612.” (Doc. 15-1, p. 1). It does not appear that the magistrate judge’s order was mailed to Mr.
Barrie’s forwarding address. Should Mr. Barrie wish to challenge the dismissal of his petition,
he may file a motion seeking relief from the final judgment in this matter.
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