United States District Court, W.D. Louisiana, Alexandria Division
REPORT AND RECOMMENDATION
H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE
the Court is a Petition for Writ of Habeas Corpus under 28
U.S.C. § 2241 filed by pro se Petitioner Farhan
Al Sareai (“Al Sareai”) (#061428620). At the time
of filing, Al Sareai was an immigration detainee in the
custody of the Department of Homeland Security/U.S.
Immigration and Customs Enforcement (“DHS/ICE”),
detained at the LaSalle Detention Center in Jena, Louisiana.
Al Sareai challenges his continued detention pending removal
under Zadvydas v. Davis, 533 U.S. 678 (2001).
Al Sareai has been removed from the United States, his
Petition (Doc. 1) should be DISMISSED at MOOT.
Sareai is a native and citizen of Yemen. (Doc. 1, p. 6). Al
Sareai alleges that he has been detained by ICE since August
2, 2017, and his removal order became final on October 11,
2018. (Doc. 1, p. 6). Al Sareai alleges there is no
likelihood of his removal in the reasonably foreseeable
future due to ongoing civil war in Yemen. (Doc. 1).
Online Detainee Locator Service indicates that Al Sareai is
no longer in custody.
https://locator.ice.gov/odls/#/index. The office of
the United States Attorney for the Western District of
Louisiana confirmed that Al Sareai has been removed to Yemen.
Law and Analysis
III of the Constitution limits federal ‘Judicial
Power,' that is, federal-court jurisdiction, to
‘Cases' and ‘Controversies.'”
United States Parole Comm'n v. Geraghty, 445
U.S. 388, 395 (1980). A case becomes moot “when the
issues presented are no longer ‘live' or the
parties lack a legally cognizable interest in the
outcome.” Id. at 396 (quoting Powell v.
McCormack, 395 U.S. 486, 496 (1969)). The
case-or-controversy requirement “subsists through all
stages of federal judicial proceedings, trial and
appellate.” Spencer v. Kemna, 523 U.S. 1, 7
(1998) (citations omitted). The parties must continue to have
a “personal stake in the outcome” of the lawsuit.
Id. Therefore, throughout the litigation, the
plaintiff “must have suffered, or be threatened with,
an actual injury traceable to the defendant and likely to be
redressed by a favorable judicial decision.”
Sareai challenges his continued detention under
Zadvydas. However, because Al Sareai has been
removed, the § 2241 Petition is moot. See Francis v.
Lynch, 622 Fed.Appx. 455, 455-56 (5th Cir. 2015)
(challenge to length of detention awaiting removal under
Zadvydas became moot when petitioner was removed);
Odus v. Ashcroft, 61 Fed.Appx. 121 (5th Cir. 2003)
(same). If a controversy is moot, the forum court lacks
subject matter jurisdiction. Carr v. Saucier, 582
F.2d 14, 16 (5th Cir. 1978) (citing North Carolina v.
Rice, 404 U.S. 244, 246 (1971); Locke v. Board of
Public Instruction, 499 F.2d 359, 363-364 (5th Cir.
Al Sareai is no longer in DHS/ICE custody, IT IS RECOMMENDED
that the Petition for Writ of Habeas Corpus (Doc. 1) be
DISMISSED for lack of subject matter jurisdiction, WITH
PREJUDICE as to the jurisdictional issue, and WITHOUT
PREJUDICE as to the merits of Al Sareai's
the provisions of 28 U.S.C. § 636(b)(1)(c) and
Fed.R.Civ.P. 72(b), parties aggrieved by this Report and
Recommendation have 14 calendar days from service of this
Report and Recommendation to file specific, written
objections with the Clerk of Court. A party may respond to
another party's objections within 14 days after being
served with a copy thereof. No. other briefs (such as
supplemental objections, reply briefs, etc.) may be filed.
Providing a courtesy copy of the objection to the undersigned
is neither required nor encouraged. Timely objections will be
considered by the District Judge before a final ruling.
to file written objections to the proposed findings,
conclusions, and recommendations contained in this Report and
Recommendation within 14 days from the date of its service,
or within the time frame authorized by Fed.R.Civ.P. 6(b),
shall bar an aggrieved party from attacking either the
factual findings ...