Ahmed v. Hassel

Filing 16

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 11/1/2018. (PSM)

FILED
2018 Nov-01 PM 03:36
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
ADAN ALI AHMED,
Petitioner,
v.
JEFF. B. SESSIONS, ATTORNEY
GENERAL and SCOTT HASSELL,
Respondents.

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Case No. 4:18-cv-00528-LSC-HNJ

MEMORANDUM OPINION
Petitioner, Adan Ali Ahmed, filed a petition for writ of habeas corpus pursuant
to 28 U.S.C. § 2241 challenging 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). Respondents move to dismiss the
action as moot based on Petitioner’s July 5, 2018, release from ICE custody. (Doc.
11).
Respondents support the motion with a declaration by Bryan S. Pitman, an
ICE Supervisory Detention and Deportation Officer. (Doc. 11-1). Pitman’s review
of Petitioner’s detention history on the ICE database confirms his July 5, 2018,
release. (Id. at 1).1 A certified copy of Petitioner’s detention history obtained from

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A certified copy of Petitioner’s detention history obtained from the official U.S. Immigration and
Customs Enforcement database corroborates Pitman’s testimony to the extent he testifies about
Petitioner’s July 5, 2018, release on an order of supervision. (Id. at 1-2).
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the official U.S. Immigration and Customs Enforcement (“ICE”) database
corroborates Pitman’s testimony to the extent he testifies about Petitioner’s July 5,
2018, release on an order of supervision. (Id. at 2-3). However, the document also
shows the ICE Oakdale Processing Center in LaSalle, Louisiana, released Petitioner to
the Port Isabel Service Processing Center at “27991 Buena Vista Boulevard, Los
Fresnos, TX [78566].” Id. at 2. Therefore, on October 1, 2018, the magistrate judge
ordered Respondents to provide Petitioner’s current address. (Doc. 13). On October
19, 2018, Respondents provided the declaration of Mr. Pitman, who attests that his
review of the ICE computer database shows Petitioner left the following forwarding
address: 1567 Alconbury Road, Apt. F., Baltimore, MD 21221. (Doc. 14-1).
Petitioner’s release on an Order of Supervision renders his petition seeking that
very relief 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 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.

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DONE and ORDERED on November 1, 2018.

_____________________________
L. Scott Coogler
United States District Judge
160704

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