5th Cir.

Hernandez Cerrato v. Sanchez

July 21, 2026 ·26-40091 ·Per Curiam · By James Taylor

The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by a Honduran national seeking release from immigration detention. The court ruled the case moot because the petitioner had already been removed from the United States.

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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.