Haile v. Attorney General Office State of Alabama et al

Filing 10

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 2/12/2018. (PSM)

FILED
2018 Feb-12 PM 03:17
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
HABTOM AFEMULUE HAILE,
Petitioner,
v.
WARDEN, et al.,
Respondents.

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Case No.: 4:17-cv-02003-LSC-SGC

MEMORANDUM OPINION
This case is before the court on Respondents' Motion to Dismiss as Moot, filed February
6, 2018. (Doc. 9). In the motion, Respondents note Petitioner was released from ICE custody on
February 6, 2018, pursuant to an Order of Supervision. (Id. at 1; see Doc. 9-1). Because
Petitioner has been released, Respondents contend this case is due to be dismissed as moot.
On November 30, 2017, Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody pending his removal to Eritrea. (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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DONE and ORDERED on February 12, 2018.

_____________________________
L. Scott Coogler
United States District Judge
160704

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