Cam v. Nielsen et al, No. 4:2018cv01057 - Document 8 (N.D. Ala. 2018)
Court Description: MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 9/24/2018. (PSM)
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Cam v. Nielsen et al Doc. 8 FILED 2018 Sep-24 AM 10:08 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION KHUONG VINH CAM, Petitioner, v. JEFF B. SESSIONS et al., Respondents. ) ) ) ) ) ) ) ) ) Case No.: 4:18-cv-01057-LSC-TMP MEMORANDUM OPINION This case is before the court on Respondents’ Motion to Dismiss Petition as Moot, filed September 18, 2018. (Doc. 7). In the motion, Respondents note Petitioner was removed from the United States to Vietnam on September 13, 2018. (Doc. 7-1). Because Petitioner is no longer in custody, Respondents contend this case is due to be dismissed as moot. On July 9, 2018, Petitioner filed a petition for writ of habeas corpus seeking to be released from custody pending his removal to Vietnam. (Doc. 1). Because Petitioner has been removed, 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) (once a habeas petitioner is no longer detained, “no order … requiring [his] release into the community awaiting his final removal 1 Dockets.Justia.com 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). A separate order will be entered. DONE and ORDERED on September 24, 2018. _____________________________ L. Scott Coogler United States District Judge 160704 2
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