Sekou v. Department of Homeland Security

Filing 8

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 6/14/2018. (PSM)

FILED
2018 Jun-14 AM 09:53
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
KABA SEKOU,
Petitioner,
v.
SHERIFF TODD ENTREKIN, 1
Respondent.

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Case No.: 4:17-cv-02121-LSC-JEO

MEMORANDUM OPINION
This is a habeas corpus action under 28 U.S.C. § 2241, filed by Petitioner Kaba Sekou,
pro se. Petitioner challenges the legality of his continued detention by federal immigration
authorities pending his removal from the United States under the Immigration and Nationality
Act. (See Doc.1). Respondent has moved to dismiss the action as moot, on the ground that
Petitioner has been removed from the United States. (Doc. 7).
Respondent supports the motion with the declaration of Supervisory Detention and
Deportation Officer Bryan Pittman, who attests that the U.S. Immigration and Customs
Enforcement (“ICE”) removed Petitioner from the United States on April 19, 2018. (Doc. 7-1 at
1). Pittman attaches an EADM document from the official ICE database as proof thereof. (Id. at
2). As a result, Petitioner’s habeas corpus claim for release under an order of supervision or for
repatriation is moot because the court can no longer provide meaningful relief. See Nyaga v.
Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003). Respondent’s motion is due to be granted and this
action is due to be dismissed. A separate Final Order will be entered.

1

Although Petitioner names the Department of Homeland Security as Respondent, the immediate custodian at the
time the petition is filed is the proper defendant in a habeas corpus action filed pursuant to 28 U.S.C. § 2242. The
Clerk is DIRECTED to change the style of the case to reflect that Entrekin is the sole respondent.

DONE and ORDERED on June 14, 2018.

_____________________________
L. Scott Coogler
United States District Judge
160704