Ruling from U.S. District Court for D.C. in Ameziane v. Obama

Because it is undisputed that petitioner is no longer “in custody” for purposes of habeas jurisdiction under 28 U.S.C. § 2241, petitioner bears the burden of demonstrating some collateral consequence of his prior detention to defend his petition against the government’s claim of mootness. Gul v. Obama, 652 F.3d 12, 17 (D.C. Cir. 2011); In re Petitioners Seeking Habeas Corpus Relief in Relation to Prior Detentions at Guantanamo Bay, 700 F. Supp. 2d 119, 127 (D.D.C. 2010), aff’d sub nom Chaman v. Obama, 2012 WL 3797596 (D.C. Cir. Aug. 10, 2012). Respondents do not seem to question the concreteness of petitioner’s alleged injury---the loss of his money---or the fact that his detention at Guantanamo caused the injury. Instead, respondents argue that the injury is unredressable through habeas relief and that petitioner’s entire case is moot. (Mot. to Dismiss at 15.) The Court agrees. First, pursuant to 28 U.S.C. § 2241(e)(2), the Court is without jurisdiction to consider claims for the recovery of petitioner’s money. Second, petitioner has failed to demonstrate that his injury is otherwise susceptible to judicial correction through traditional habeas relief. Third, because petitioner fails to demonstrate any collateral consequence of his prior detention that is susceptible to judicial correction, his case is moot.