419 F.3d 722 (8th Cir. 2005), 04-2490, Ali v. Cangemi

Docket Nº:04-2490.
Citation:419 F.3d 722
Party Name:Ahmed Hassan ALI, also known as Ahmed Warsame, Appellee, v. Mark CANGEMI, Interim Director, Bureau of Immigration and Customs Enforcement, Appellant.
Case Date:August 16, 2005
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 722

419 F.3d 722 (8th Cir. 2005)

Ahmed Hassan ALI, also known as Ahmed Warsame, Appellee,

v.

Mark CANGEMI, Interim Director, Bureau of Immigration and Customs Enforcement, Appellant.

No. 04-2490.

United States Court of Appeals, Eighth Circuit.

August 16, 2005

Submitted: April 11, 2005.

Appeal from the United States District Court for the District of Minnesota.

Page 723

Jennifer Paisner, Washington, D.C., for appellant.

Katherine Menendez, AFPD, Minneapolis, Minnesota, for appellee.

Before LOKEN, Chief Judge, LAY, WOLLMAN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and BENTON, Circuit Judges, en banc.

RILEY, Circuit Judge.

On May 15, 2003, Ahmed Hassan Ali (Ali), a native of Somalia, applied in the district court for a writ of habeas corpus under 28 U.S.C. § 2241, alleging his extended detention awaiting deportation was unlawful and requesting the government release him from custody. On June 1, 2004, the district court granted the writ, and thereafter the government pursued this appeal. A panel of this court affirmed in a September 27, 2004 opinion. Ali v. Cangemi, 384 F.3d 989 (8th Cir. 2004). On November 23, 2004, the en banc court vacated the panel opinion and granted rehearing en banc. We now reverse and vacate the district court judgment, and direct the district court to dismiss, without prejudice, Ali's application for a writ of habeas corpus as moot.

On December 29, 2004, the Bureau of Immigration and Customs Enforcement (BICE) released Ali, allegedly by mistake, pursuant to an order of supervision issued under one of Ali's aliases. Since releasing Ali from custody, BICE has been unsuccessful to date in its attempts to locate Ali. Because Ali has failed to comply with the order of supervision requiring him to report to BICE and to notify BICE of any change of residence, BICE considers Ali a fugitive and intends to apprehend Ali and return him to custody.

On February 2, 2005, the original panel in this case ordered supplemental briefing to address the current custodial status of Ali, whether Ali's status rendered this appeal moot, and the effect on this appeal of two recent Supreme Court decisions, Jama v. Immigration & Customs Enforcement, --- U.S. ----, 125 S.Ct. 694 (2005), and Clark v. Martinez, --- U.S. ----, 125 S.Ct. 716 (2005). In response to the request for supplemental briefing, both Ali and the government contend Ali's release does not moot this appeal...

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