UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2391
OLUDARE OGUNDE,
Plaintiff - Appellant,
v.
ERIC H. HOLDER, JR.; JANET NAPOLITANO; RON ROSENBERG,
Director, Arlington Asylum Office,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:13-cv-00484-JCC-IDD)
Submitted: March 13, 2014 Decided: March 28, 2014
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Oludare Ogunde, Appellant Pro Se. David Moskowitz, Assistant
United States Attorney, Alexandria, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Oludare Ogunde appeals a district court order granting
the Attorney General’s motion to dismiss and dismissing his
amended complaint seeking an order declaring that the
immigration detainer placed upon him by the Department of
Homeland Security (“DHS”) was unlawful. At the time Ogunde
filed the amended complaint, he was in the custody of the
Virginia Department of Corrections. He has since been
transferred to the custody of Immigration and Customs
Enforcement of the DHS. Accordingly, because the detainer is no
longer in effect, the appeal is moot. See Central States, Se. &
Sw. Areas Pension Fund v. Central Transp., Inc., 841 F.2d 92, 93
(4th Cir. 1988); see also Tucker v. Phyfer, 819 F.2d 1030, 1034
n.3 (11th Cir. 1987) (“[t]he mootness doctrine usually requires
a court to dismiss an action in which, because of events
occurring after the plaintiff filed the suit, any relief the
court might grant would be of no utility to the plaintiff”).
We dismiss the appeal as moot. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
2