Corrales v. U.S. Attorney General of America

Filing 5

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 2/15/2018. (JLC)

FILED
2018 Feb-15 AM 09:36
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
FRANCISCO CORRALES,
Petitioner,
v.
U.S. ATTORNEY GENERAL,
Respondent.

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Case No.: 4:18-cv-00076-VEH-SGC

MEMORANDUM OPINION
This case is before the court on Respondent’s Motion to Dismiss as Moot, filed
February 13, 2018. (Doc. 4). In the motion, Respondent notes Petitioner was released
from ICE custody on January 26, 2018, pursuant to an Order of Supervision. (Doc.
4). Because Petitioner has been released, Respondent contends this case is due to be
dismissed as moot.
On January 17, 2018, Petitioner filed a petition for writ of habeas corpus
seeking to be released from custody pending his removal to Cuba. (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 the 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.
DONE this the 15th day of February, 2018.

VIRGINIA EMERSON HOPKINS
United States District Judge

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