Background
Hernandez Cerrato, a citizen of Honduras, filed a petition under Section twenty-eight U.S.C. Section two thousand two hundred forty-one in the United States District Court for the Eastern District of Texas seeking release from detention and related relief.
The court’s reasoning
The court emphasized that it must always be cognizant of its jurisdiction and raise mootness sua sponte. A case is moot when no relief can be granted to the prevailing party. Because the petitioner has been removed from the country, the requested relief cannot be granted.
A case is moot, and this court has no jurisdiction over it, when no relief can be granted to the prevailing party.
United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016)
What it means going forward
The dismissal ends the appellate review of the habeas petition without addressing the merits of the detention claim.