Doukoure v. Department of Homeland Security

Filing 10

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 4/19/2018. (KEK)

FILED
2018 Apr-19 PM 02:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
MOUSSA DOUKOURE,
Petitioner,
v.
DEPARTMENT OF HOMELAND
SECURITY,
Respondent.

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Case No.: 4:17-cv-01801-MHH-JHE

MEMORANDUM OPINION
On October 25, 2017, petitioner Moussa Doukoure filed a petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). When he filed his
petition, Mr. Doukoure, a native of Senegal, was incarcerated at the Etowah
County Detention Center, in the custody of the Bureau of Immigration and
Customs Enforcement or ICE. In his petition, Mr. Doukoure alleged that he was
being illegally detained by ICE pending his deportation to Senegal. On April 17,
2018, Mr. Doukoure was removed from the United States. (Doc. 9; Doc. 9-1).
Because Mr. Doukoure no longer is in ICE custody, the respondent has filed a
motion to dismiss the action as moot. (Doc. 9).
Article III of the Constitution limits the jurisdiction of federal courts to the
consideration of “cases or controversies.” U.S. CONST. art. III, § 2. The doctrine
of mootness is derived from this limitation because “an action that is moot cannot

be characterized as an active case or controversy.” Adler v. Duval Cnty. Sch. Bd.,
112 F.3d 1475, 1477 (11th Cir. 1997). 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. Doukoure seeks to be released from ICE custody.
Because Mr. Doukoure no longer is in ICE custody, the Court cannot provide
meaningful relief, and Mr. Doukoure’s petition is moot. Accordingly, the Court
will grant the respondent’s motion to dismiss.
The Court will enter a separate final order.
DONE and ORDERED this April 19, 2018.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

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