Barsoum v. Attorney General of America

Filing 8

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

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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, ) ) ) ) ) ) ) ) ) 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 1 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 2

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