Nguyen v. Nielsen et al

Filing 10

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 6/25/2018. (KEK)

FILED
2018 Jun-25 PM 01:38
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
VIET NGUYEN,
Petitioner,
v.
KIRSTJEN NIELSEN, et al.,
Respondents.

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Case No.: 4:18-cv-0527-MHH-TMP

MEMORANDUM OPINION
This case is before the Court on the respondents’ May 21, 2018 motion to
dismiss (Doc. 7). In that motion, the respondents contend that the Court should
dismiss Mr. Nguyen’s § 2241 habeas petition because United States Immigration
and Customs Enforcement released Mr. Nguyen from custody on May 4, 2018,
pursuant to an order of supervision. (Doc. 7-1).
On April 4, 2018, Mr. Nguyen filed a petition for writ of habeas corpus
seeking his release from custody pending his removal to Vietnam. (Doc. 1).
Because Mr. Nguyen 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, 8 (1998) (once a
habeas petitioner is released from custody, he must demonstrate collateral

consequences to avoid mootness doctrine). Accordingly, the Court will dismiss
this action.
The Clerk is directed to please mail a copy of this opinion to Mr. Nguyen at
the following address:

Viet Nguyen, 4004 N. King Hwy, Douglas, Arizona

85607.
DONE this 25th day of June, 2018.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE