Barsoum v. Attorney General of America

Filing 8

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 12/7/2018. (PSM)

FILED
2018 Dec-07 AM 10:38
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
JAMES BARSOUM,
Petitioner,
v.
ATTORNEY GENERAL OF
AMERICA,

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Case No.: 4:18-cv-00701-LSC-SGC

Respondent.
MEMORANDUM OPINION
On December 4, 2018, Respondent filed a motion to dismiss this matter as
moot. (Doc. 7). In the motion, Respondent notes Petitioner was released from ICE
custody on November 1, 2018, pursuant to an Order of Supervision. (Doc. 7; see
Doc. 7-1). Respondent contends this case is due to be dismissed as moot because
Petitioner has been released,.
On May 7, 2018, Petitioner filed the instant petition for writ of habeas
corpus seeking to be released from custody pending his removal to Lebanon.
(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
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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.
DONE and ORDERED on December 7, 2018.

_____________________________
L. Scott Coogler
United States District Judge
160704

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