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Zaheer v. U.S. Department of Homeland Security

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

October 23, 2014

UDDIN SYED ZAHEER, Petitioner,
v.
U.S. DEPARTMENT OF HOMELAND SECURITY et al., Respondents.

MEMORANDUM OPINION

JAMES H. HANCOCK, Senior District Judge.

This case is before the court on Respondents' Motion to Dismiss as Moot. (Doc. 8). In their motion, the Respondents note that the Petitioner was released from ICE custody pursuant to an Order of Supervision on October 22, 2014. The Respondents argue that because the Petitioner has been released on an Order of Supervision, this case is due to be dismissed as moot.

On July 31, 2014, the Petitioner filed a petition for writ of habeas corpus seeking to be released from custody pending his removal to Pakistan.[1] (Doc. 1). Because he 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'"). 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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