Gonzalez-Sardina v. Sessions

Filing 5

MEMORANDUM OPINION - In his petition, Mr. Gonzales-Sardina seeks to be released from ICE custody. Because Mr. Gonzales-Sardina no longer is in ICE custody, the Court cannot provide meaningful relief, and Mr. Gonzales-Sardinas petition is moot. Accordingly, the Court will grant the respondents motion to dismiss. Signed by Judge Madeline Hughes Haikala on 3/30/18. (KEK)

FILED
2018 Mar-30 PM 07:31
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
FIDEL GONZALES-SARDINA,
Petitioner,
v.
JEFF SESSIONS,
Respondent.

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Case No.: 4:18-cv-00330-MHH-JHE

MEMORANDUM OPINION
On March 1, 2018, petitioner Fidel Gonzales-Sardina filed a petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). When he filed his
petition, Mr. Gonzales-Sardina, a native of Cuba, was incarcerated at the Etowah
County Detention Center, in the custody of the Bureau of Immigration and
Customs Enforcement (“ICE”). In his petition, Mr. Gonzales-Sardina alleged that
he was being illegally detained by ICE pending his deportation to Cuba. On March
16, 2018, Mr. Gonzales-Sardina was released from ICE custody. (Doc. 4; Doc. 41). The respondent has filed a motion to dismiss this action as moot because Mr.
Gonzales-Sardina no longer is in ICE custody. (Doc. 4).
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. Gonzales-Sardina seeks to be released from ICE custody.
Because Mr. Gonzales-Sardina no longer is in ICE custody, the Court cannot
provide meaningful relief, and Mr. Gonzales-Sardina’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 March 30, 2018.

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MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

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