Chen v. Nielsen

ANNEMARIE CARNEY AXON UNITED STATES DISTRICT JUDGE

MEMORANDUM OPINION

This case is before the court on Respondents' Motion to Dismiss Petition as Moot, filed October 31, 2018. (Doc. 10). Respondents attach to the motion a declaration that Petitioner was released from custody on an order of supervision on October 31, 2018. (Doc. 10-1). Because Petitioner is no longer in custody, Respondents contend this case is due to be dismissed as moot.

On October 3, 2018, Petitioner filed a petition for writ of habeas corpus seeking to be released from custody pending his removal to China. (Doc. 1). Because Petitioner has been released from custody, his petition 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 Soliman v. United States, 296 F.3d 1237, 1242-43 (11th Cir. 2002) (holding that once a habeas petitioner is no longer detained, "no order ... requiring [his] release into the community awaiting his final removal order could have any effect"). Accordingly, this matter is due to be dismissed. Khader v. Holder, 843 F. Supp. 2d 1202, 1202 (N.D. Ala. 2011).

The court will enter a separate order consistent with this opinion.

DONE and ORDERED this November 1, 2018.

/s/_________

ANNEMARIE CARNEY AXON

UNITED STATES DISTRICT JUDGE