Luong v. Nielsen et al

Filing 6

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 5/8/18. (AFS)

FILED
2018 May-08 PM 12:54
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
HUNG DINH LUONG,
Petitioner,
v.
KRISTJEN NIELSEN, et al.,
Respondents.

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Case No.: 4:18-cv-00570-AKK-JEO

MEMORANDUM OPINION
This case is before the court on Respondents’ Motion to Dismiss Petition as
Moot. Doc. 5. In the motion, Respondents note Petitioner was released from ICE
custody on April 26, 2018, pursuant to an Order of Supervision.

Doc. 5-1.

Because Petitioner has been released, Respondents contend this case is moot. Doc.
5 at 1-3.
Petitioner filed this action seeking a writ of habeas corpus to be released
from custody pending his removal to Vietnam. Doc. 1. In light of Petitioner’s
release on an Order of Supervision, the court can no longer provide any
meaningful relief, and his petition 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 mootness doctrine). Accordingly, this matter is due to be
dismissed. Khader v. Holder, 843 F. Supp. 2d 1202, 1202 (N.D. Ala. 2011).
Additionally, Respondents’ motion for extension of time to respond to the Order to
Show Cause is moot. Doc. 4.
A separate order will be entered.
DONE the 8th day of May, 2018.

_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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