Opinion

Unknown

Court
District Court, W.D. Louisiana
Filed
Jun 11, 2026
Cited by
0 cases
Authority
More cited than 41.2%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

LAKE CHARLES DIVISION

ALFONSO BARKER-HERNANDEZ CASE NO. 2:23-CV-01267 SEC P

#14318-004

VERSUS JUDGE JAMES D. CAIN, JR.

F MARTINEZ JR MAGISTRATE JUDGE LEBLANC

MEMORANDUM ORDER

Petitioner Alfonso Barker-Hernandez (“Petitioner”) filed a Petition for Writ of

Habeas Corpus under 28 U.S.C. § 2241. At the time of filing, Petitioner was an inmate in

the custody of the Bureau of Prisons (“BOP”). However, according to BOP’s Online

Inmate Locator System, Petitioner has been released from BOP custody.1

“Article III of the Constitution limits federal ‘Judicial Power,’ that is, federal-court

jurisdiction, to ‘Cases’ and ‘Controversies.’” U.S. Parole Comm'n v. Geraghty, 445 U.S.

388, 395 (1980). An action is moot “when the court cannot grant the relief requested by

the moving party.” Salgado v. Fed. Bureau of Prisons, 220 F. App'x 256, 257 (5th Cir.

2007) (citing Brown v. Resor, 407 F.2d 281, 283 (5th Cir. 1969) and Bailey v. Southerland,

821 F.2d 277, 278 (5th Cir. 1987)). A moot case “presents no Article III case or

controversy, and a court has no constitutional jurisdiction to resolve the issue it presents.”

Adair v. Dretke, 150 Fed. Appx. 329, 331 (5th Cir. 2005) (citation omitted). Thus, if a

1 https://www.bop.gov/inmateloc/

controversy becomes moot, the case must be dismissed for lack of jurisdiction. Lewis v.

Continental Bank Corp., 494 U.S. 472, 477 (1990).

The proper purpose of a habeas petition is to challenge the fact or duration of a

petitioner’s confinement. Cook v. Tex. Dep’t of Crim. Justice Transitional Planning Dep't,

37 F.3d 166, 168 (Sth Cir. 1994). In other words, habeas exists solely to “grant relief from

unlawful imprisonment or custody and . . . cannot be used properly for any other purpose.”

Pierre vy. United States, 525 F.2d 933, 935-36 (Sth Cir. 1976). A petitioner’s release from

the custody of the BOP thus renders his habeas action moot. See, e.g., Bailey v.

Southerland, 821 F.2d 277, 278 (Sth Cir. 1987) (dismissing a § 2241 petition as moot

following release because “the thrust of [the] petition is to be released from confinement’);

Aldaco v. Nash, 693 F. App’x 336, 337 (Sth Cir. 2017) (per curiam) (same).

Because Petitioner is no longer in custody, his § 2241 petition is moot. Accordingly,

IT IS ORDERED, ADJUDGED, and DECREED that this matter be DISMISSED

WITHOUT PREJUDICE.

THUS DONE AND SIGNED in Chambers on the 11th day of June, 2026.

2 OZ

JAMES D. CAIN, JR.

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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