Reid v. Sessions

Filing 21

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 7/27/2018. (AFS)

FILED
2018 Jul-27 AM 09:44
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
COLLIN REID, 1
Petitioner,

v.
JEFF B. SESSIONS, et al.,
Respondents.

)
)
)
)
)
)
)
)

Civil Action Number
5:18-cv-00061-AKK-JHE

MEMORANDUM OPINION
On January 9, 2018, Collin Reid filed a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2241. Doc. 1. At the time he filed his petition, Reid, a
native of Jamaica, 2 was incarcerated at the Etowah County Detention Center in the
custody of the Bureau of Immigration and Customs Enforcement (“ICE”). Reid
alleges he was being illegally detained by ICE pending his deportation to Jamaica.
Id. at 1. On July 26, 2018, Reid was deported from the United States. Docs. 20, 201. The Respondents have filed a motion to dismiss the action as moot, as Reid is no
longer in ICE custody. Doc. 20. For the reasons stated below, the Respondents’
motion is due to be granted.

1

On July 25, 2018, the Respondents filed a status report indicating that the “Petitioner’s true
identity is that of Leroy Cleghorn.” Doc. 19. Nevertheless, this order refers to the Petitioner as
“Collin Reid,” the name under which he filed the petition.

2

Reid contends that he is not in fact Jamaican, but is instead stateless. Doc. 1 at 1-2.

Article III of the Constitution limits the jurisdiction of federal courts to the
consideration of “cases or controversies.” U.S. Const. art. III, § 2. The doctrine of
mootness is derived from this limitation because “an action that is moot cannot be
characterized as an active case or controversy.” Adler v. Duval Cnty. Sch. Bd., 112
F.3d 1475, 1477 (11th Cir. 1997). A case is moot and must be dismissed if the
court can no longer provide “meaningful relief.” Nyaga v. Ashcroft, 323 F.3d 906,
913 (11th Cir. 2003) (citations omitted).
This is precisely the case here, where the relief Reid seeks is release from
ICE custody. Because Reid is no longer in ICE custody, his petition is moot,
where, as here, neither the collateral consequences exception, see Carafas v.
LaVallee, 391 U.S. 234, 237 (1968), nor the “capable of repetition yet evading
review” exception, see Murphy v. Hunt, 455 U.S. 478, 482 (1982), apply.
Therefore, because there is no longer any relief that the court can grant to Reid, his
petition is moot.
Accordingly, the Respondents’ motion to dismiss, doc. 20, is GRANTED.
A separate order will be entered.
DONE the 27th day of July, 2018.

_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
2