Luis A. Lopez Cordero v. Kristi Noem, et al.

Summary

The United States District Court for the Middle District of Florida granted the respondents’ unopposed motion to dismiss Luis A. Lopez Cordero’s 28 U.S.C. § 2241 habeas petition as moot. The court held that his removal from the United States ended his detention, and that no collateral-consequences or capable-of-repetition exception to mootness applied.

Holdings

1. A habeas petition seeking release from detention is moot when the petitioner is no longer in custody and the challenged detention has ended.
2. The collateral-consequences exception did not apply because the petitioner challenged only his detention and identified no continuing concrete injury that the court could remedy.
3. The capable-of-repetition-yet-evading-review exception did not apply because there was no demonstrated probability that Lopez Cordero would return to the United States and be detained again.

Questions Presented

1. Whether the petition for a writ of habeas corpus seeking release from immigration detention became moot after the petitioner was removed from the United States and released from custody.
2. Whether the collateral-consequences or capable-of-repetition-yet-evading-review exceptions preserved a live controversy.

Disposition

dismissed