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Balekier v. Sessions

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION
Feb 28, 2018
Case No. 4:18-cv-0251-MHH-JEO (N.D. Ala. Feb. 28, 2018)

Opinion

Case No. 4:18-cv-0251-MHH-JEO

02-28-2018

ABEY BALEKIER, Petitioner, v. JEFF SESSIONS, et al., Respondents.


MEMORANDUM OPINION

In his 28 U.S.C. § 2241 petition for writ of habeas corpus, petitioner Abey Balekier challenges the legality of his continued detention by federal immigration authorities pending his removal from the United States under the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. (See Doc. 1). See generally Zadvydas v. Davis, 533 U.S. 678 (2001). The respondents have filed a motion to dismiss the habeas petition as moot. (Doc. 4).

Mr. Balekier was released from ICE custody under an order of supervision on February 27, 2018. (Doc. 4-1). Consequently, Mr. Balekier's habeas petition for release under an order of supervision or for repatriation is moot because the Court no longer may provide meaningful relief. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003); Soliman v. United States ex rel. INS, 296 F.3d 1237, 1242-43 (11th Cir. 2002).

The Court will enter a separate order dismissing this action as moot.

DONE and ORDERED this February 28, 2018.

/s/_________

MADELINE HUGHES HAIKALA

UNITED STATES DISTRICT JUDGE


Summaries of

Balekier v. Sessions

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION
Feb 28, 2018
Case No. 4:18-cv-0251-MHH-JEO (N.D. Ala. Feb. 28, 2018)
Case details for

Balekier v. Sessions

Case Details

Full title:ABEY BALEKIER, Petitioner, v. JEFF SESSIONS, et al., Respondents.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION

Date published: Feb 28, 2018

Citations

Case No. 4:18-cv-0251-MHH-JEO (N.D. Ala. Feb. 28, 2018)