Opinion

Malefiya

Court
District Court, W.D. Louisiana
Filed
Jun 15, 2026
Cited by
0 cases
Authority
More cited than 42.0%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

MONROE DIVISION

ADENKU AZANEW MALEFIYA DOCKET NO. 3:26-CV-01400

VERSUS JUDGE S. MAURICE HICKS, JR.

ICE MAGISTRATE JUDGE LEBLANC

REPORT AND RECOMMENDATION

Before the court is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241

by pro se petitioner Adenku Azanew Malefiya on April 30, 2026. Doc. 1. At the time of filing,

Malefiya was detained at the Richwood Correctional Center in Monroe, Louisiana. This matter

has been referred to the undersigned for review, report, and recommendation in accordance with

28 U.S.C. § 636 and the standing orders of this Court.

On June 10, 2026, the Government filed a Notice of Removal stating that while the matter

was pending, Petitioner was removed to the third country of Cameroon on or about April 28, 2026.

Doc. 11. Therefore, his petition is moot and should be dismissed. See, e.g., Oguntuyi v. Manuel,

No. 2:24-CV-1069, 2025 WL 2399184, at *2 (W.D. La. July 21, 2025), report and

recommendation adopted, No. 2:24- CV-1069, 2025 WL 2398645 (W.D. La. Aug. 18, 2025)

(“Here, Petitioner challenged the lawfulness of his continued detention. Because Petitioner is no

longer detained and has been removed from the United States, the § 2241 petition is moot.”);

Francis v. Lynch, 622 F. App’x 455, 455-56 (5th Cir. 2015) (challenge to length of detention

awaiting removal became moot when the petitioner was removed); Odus v. Ashcroft, 61 F. App’x

121 (5th Cir. 2003) (same). If a controversy is moot, the 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. 1974)).

Accordingly,

IT IS RECOMMENDED that this petition for habeas corpus should be DENIED AND

DISMISSED WITHOUT PREJUDICE because petitioner’s claims are MOOT.

Under the provisions of 28 U.S.C. Section 636(b)(1)(C) and Rule 72(b), parties aggrieved

by this recommendation have fourteen (14) business 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 fourteen (14) days after being served with a copy of any

objections or response to the district judge at the time of filing.

Failure to file written objections to the proposed factual findings and/or the proposed legal

conclusions reflected in this Report and Recommendation within fourteen (14) days following 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 or the legal conclusions accepted by the District

Court, except upon grounds of plain error. See, Douglass v. United Services Automobile

Association, 79 F.3d 1415 (Sth Cir. 1996).

THUS DONE AND SIGNED in chambers this 15th day of June, 2026.

uf VK

UNITED S®¥TES MAGISTRATE JUDGE

-2-

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.