Balekier v. Hassell

Filing 5

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 2/28/2018. (KEK)

FILED
2018 Feb-28 PM 02:39
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
ABEY BALEKIER,

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) Case No. 4:18-cv-0251-MHH-JEO
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Petitioner,
v.
JEFF SESSIONS, et al.,
Respondents.

MEMORANDUM OPINION
In his 28 U.S.C. § 2241 petition for writ of habeas corpus, petitioner Abey
Balekier challenges the legality of his continued detention by federal immigration
authorities pending his removal from the United States under the Immigration and
Nationality Act, 8 U.S.C. § 1101 et seq. (See Doc. 1). See generally Zadvydas v.
Davis, 533 U.S. 678 (2001). The respondents have filed a motion to dismiss the
habeas petition as moot. (Doc. 4).
Mr. Balekier was released from ICE custody under an order of supervision
on February 27, 2018. (Doc. 4-1). Consequently, Mr. Balekier’s habeas petition
for release under an order of supervision or for repatriation is moot because the
Court no longer may provide meaningful relief. See Nyaga v. Ashcroft, 323 F.3d
906, 913 (11th Cir. 2003); Soliman v. United States ex rel. INS, 296 F.3d 1237,
1242-43 (11th Cir. 2002).

The Court will enter a separate order dismissing this action as moot.
DONE and ORDERED this February 28, 2018.

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MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

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