Raul Gonzalez-Suarez, Raul Gonzalez, Son, on Behalf of the Petitioner v. ICE / U.S. Immigration and Customs Enforcement, Warden, Florida Soft Side South Detention Center, Pam Bondi, Attorney General of the United States

Summary

The court denied Raul Gonzalez-Suarez’s 28 U.S.C. § 2241 petition as moot after he was removed from the United States to Mexico. The court held that his detention-related habeas claims were no longer justiciable, that no collateral-consequences or capable-of-repetition exception applied, and directed the Clerk to close the case.

Holdings

1. A habeas petition challenging immigration detention and seeking release or a bond hearing becomes moot when the petitioner is removed from custody, absent a continuing collateral consequence that the court can remedy.
2. The collateral-consequences exception did not preserve the case because petitioner neither challenged his removal order nor showed a concrete continuing injury from his prior detention that the court could remedy.
3. The capable-of-repetition-yet-evading-review exception did not apply because there was no demonstrated probability that petitioner would return to the United States and again be detained.

Questions Presented

1. Whether petitioner's removal from the United States mooted his § 2241 claims challenging immigration detention and seeking release or a bond hearing.
2. Whether the collateral-consequences or capable-of-repetition-yet-evading-review exceptions to mootness preserved jurisdiction.

Disposition

other