Miguel Angel Caro Garcia v. Grant Dickey, et al.

Summary

The United States District Court for the Southern District of Texas dismissed Miguel Angel Caro Garcia’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court granted Respondents’ motion to dismiss because Garcia was no longer in custody, had been granted voluntary departure, and the case was moot; the dismissal was without prejudice and the case was closed.

Holdings

1. The petition was moot because petitioner was no longer in custody and no continuing case or controversy remained.

Questions Presented

1. Whether the petition for a writ of habeas corpus under 28 U.S.C. § 2241 became moot after petitioner was released from custody and granted voluntary departure.
2. Whether the court should dismiss the moot petition without prejudice and close the case.

Disposition

dismissed