Joshi v. Hassell et al

Filing 13

MEMORANDUM OPINION. Signed by Chief Judge Karon O Bowdre on 11/19/2018. (JLC)

FILED
2018 Nov-19 PM 01:37
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
AMIT JOSHI,
Petitioner,
v.
SCOTT HASSELL,
Respondent.

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Case No.: 4:18-cv-00634-KOB-TMP

MEMORANDUM OPINION
This case is before the court on Respondent’s Motion to Dismiss as Moot, filed
November 13, 2018. (Doc. 12). In the motion, Respondent notes Petitioner was released from
ICE custody on November 13, 2018, pursuant to an Order of Supervision. (Doc. 12-1).
A review of the court record shows that on April 23, 2018, Petitioner filed a petition for
writ of habeas corpus seeking to be released from custody pending his removal to India. (Doc.
1). Because Petitioner 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, 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).
The court will enter a separate Final Order.
DONE and ORDERED this 19th day of November, 2018.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE