Summary
The United States District Court for the Western District of Louisiana recommends dismissing Patricia Alejandra Rondon Hernandez’s 28 U.S.C. § 2241 habeas petition without prejudice as moot. Because Hernandez was released from immigration custody and removed to Mexico, the court concluded that no live controversy remained regarding her requested release.
Holdings
- The petition became moot because petitioner was released from the detention she challenged and had already received the sole relief she sought—release from custody—leaving no live case or controversy or effectual relief for the court to grant.
- The court could not address petitioner's post-removal requests for protection because the petition was moot and the court had no authority to grant the requested relief in the closed detention controversy.
Questions Presented
- Whether petitioner's § 2241 challenge to her immigration detention became moot after she was released from custody and removed from the United States.
- Whether the court could provide relief concerning petitioner's post-removal request for protection and concerns about being removed to Mexico without financial resources or a passport.
Disposition
dismissed
Cases Cited (11)
- Zadvydas v. Davis, 533 U.S. 678 (2001)(followed)
- Herndon v. Upton, 2021 WL 116535, at *2 (5th Cir. Jan. 13, 2021)(followed)
- Spencer v. Kemna, 523 U.S. 1, 7 (1998)(followed)
- Deakins v. Monaghan, 484 U.S. 193, 199 (1988)(followed)
- U.S. v. Vega, 960 F.3d 669, 672 (5th Cir. 2020)(followed)
- Knox v. Serv. Emps. Int'l Union, Loc. 1000, 567 U.S. 298, 307 (2012)(followed)
- Powell v. McCormack, 395 U.S. 486, 496 (1969)(followed)
- New York State Rifle & Pistol Ass'n, Inc. v. City of New York, New York, 140 S. Ct. 1525, 1526 (2020)(followed)
- Bailey v. Southerland, 821 F.2d 277, 278 (5th Cir. 1987)(followed)
- Nyabwa v. Dep't of Homeland Sec. Immigration & Customs Enf't Field Office Dir., 537 F. App'x 451 (5th Cir. 2013)(followed)
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Cited In (0)
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