Summary
The magistrate judge recommends granting the respondent's motion to dismiss Xin Lin's 28 U.S.C. § 2241 petition as moot. The petition sought release from immigration detention, but Lin was removed from the United States while the case was pending, eliminating a live Article III controversy.
Holdings
- The petition became moot because Lin was released from ICE custody and removed from the United States, eliminating the personal stake and any live controversy concerning his release from detention.
Questions Presented
- Whether Lin's § 2241 petition seeking release from immigration detention became moot after he was released from ICE custody and removed from the United States.
- Whether the respondent's motion to dismiss for mootness should be granted and the petition dismissed without prejudice.
Disposition
dismissed
Cases Cited (4)
- Lewis v. Continental Bank Corp., 494 U.S. 472, 477-478 (1990)(applied)
- Bacilio-Sabastian v. Barr, 980 F.3d 480, 482 (5th Cir. 2020)(applied)
- Department of Homeland Security v. Thuraissigiam, 591 U.S. 103, 106 (2020)(applied)
- Douglass v. United Services Automobile Association, 79 F.3d 1415, 1428-1429 (5th Cir. 1996)(superseded by statute on other grounds)
Cited In (0)
No citing cases on record yet.
Court Document
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