Flores v. Holder

SHARON LOVELACE BLACKBURN

This case is before the court on Respondents' Motion to Dismiss as Moot (Doc. # 3), filed November 22, 2013. In their motion, Respondents note that Petitioner was released from ICE custody on September 26, 2013, pursuant to an Order of Supervision. (Doc. # 3-1). Respondents argue that, because Petitioner has been released on an Order of Supervision, this case is due to be dismissed as moot.

On October 23, 2012, Petitioner filed a petition for writ of habeas corpus seeking to be released from custody and claiming to be stateless. (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, 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 (N.D. Ala. 2011).

A separate order will be entered.

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SHARON LOVELACE BLACKBURN

UNITED STATES DISTRICT JUDGE