JIANG v. SESSIONS

Case No. 4:17-cv-00762-VEH-SGC.

JING WANG JIANG, Petitioner, v. JEFF SESSIONS, et al., Respondents.

United States District Court, N.D. Alabama, Middle Division.

Editors Note
Applicable Law: 28 U.S.C. § 2241
Cause: 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federal)
Nature of Suit: 463 Habeas Corpus - Alien Detainee
Source: PACER


Attorney(s) appearing for the Case

Jing Wang Jiang, Petitioner, Pro Se.

Jeff Sessions, Respondent, represented by Jeremy Paul Sherer , US ATTORNEY'S OFFICE.

John E. Kelly, Respondent, represented by Jeremy Paul Sherer , US ATTORNEY'S OFFICE.

Director David Rivera, Respondent, represented by Jeremy Paul Sherer , US ATTORNEY'S OFFICE.

Gerald Smith, Respondent, represented by Jeremy Paul Sherer , US ATTORNEY'S OFFICE.


MEMORANDUM OPINION

VIRGINIA EMERSON HOPKINS, District Judge.

This case is before the court on Respondents' Motion to Dismiss as Moot, filed June 8, 2017. (Doc. 6). In the motion, Respondents note Petitioner was released from ICE custody on June 8, 2017, pursuant to an Order of Supervision.. (Doc. 6 at 1). Because Petitioner has been released, Respondents contend this case is due to be dismissed as moot.

On May 10, 2017, 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 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, 7-8 (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, 1202 (N.D. Ala. 2011).

A separate order will be entered.

DONE and ORDERED.


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