Haruna v. Sessions et al

Filing 5

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 9/12/2018. (KEK)

FILED
2018 Sep-12 PM 12:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
KAMIL HARUNA,
Petitioner,
v.
JEFF SESSIONS, et al.,
Respondents.

}
}
}
}
} Case No.: 4:18-cv-1129-MHH-SGC
}
}
}
}
MEMORANDUM OPINION

This action is before the Court on the respondents’ August 15, 2018 motion
to dismiss. (Doc. 4). On July 23, 2018, Mr. Haruna filed a petition for writ of
habeas corpus seeking his release from custody pending his removal to Ghana.
(Doc. 1). In their motion to dismiss, the respondents argue that the Court should
dismiss Mr. Haruna’s § 2241 habeas petition because United States Immigration
and Customs Enforcement released Mr. Haruna from custody on August 9, 2018.
(Doc. 4-1, Pitman Decl.).
Because Mr. Haruna has been released from detention and deported, his
petition seeking release 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, 8 (1998) (once a
habeas petitioner is released from custody, he must demonstrate collateral

consequences to avoid mootness doctrine). Accordingly, by separate order, the
Court will dismiss this matter. Khader v. Holder, 843 F. Supp. 2d 1202 (N.D. Ala.
2011).
DONE and ORDERED this 12th day of September, 2018.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE