Esaie v. Hassell, No. 4:2018cv00298 - Document 11 (N.D. Ala. 2018)
Court Description: MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 5/8/2018. (JLC)
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Esaie v. Hassell Doc. 11 FILED 2018 May-08 PM 12:51 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION DJEMO ESAIE, Petitioner, v. SCOTT HASSELL, Chief, Etowah County Jail, et al., Respondent. ) ) ) ) ) ) ) ) ) ) Case No.: 4:18-cv-0298-VEH-JEO MEMORANDUM OPINION This is a habeas corpus action under 28 U.S.C. § 2241, filed by Petitioner Djemo Esaie, pro se. Petitioner challenges the legality of his continued detention by federal immigration authorities pending his removal from the United States under the Immigration and Nationality Act. (See Doc. 1). Respondents move to dismiss the action as moot based on Petitioner’s May 1, 2018, release from ICE custody. (Doc. 10). Respondents support the motion with a declaration from Kendall Hirsh, an ICE Supervisory Detention and Deportation Officer. (Doc. 10-1). Hirsh’s review of Petitioner’s detention history on the ICE database confirms his May 1, 2018, release. (Id. at 1).1 As a result, Petitioner’s habeas corpus claim for release under an order of supervision or for repatriation is moot because the court can no longer provide meaningful relief. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003). Respondents’ motion is due to be granted and this action is due to be dismissed. A separate Final Order will be entered. 1 Hirsch’s testimony is corroborated by a printout of Petitioner’s detention history and he provides the court with Petitioner’s forwarding address in Chicago, Illinois. (Id. at 1-2). Dockets.Justia.com DONE and ORDERED this May 8, 2018. _________________________________ VIRGINIA EMERSON HOPKINS UNITED STATES DISTRICT JUDGE
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