Opinion

Arita-Bueso

Court
District Court, W.D. Louisiana
Filed
Jun 16, 2026
Cited by
0 cases
Authority
More cited than 42.1%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

MONROE DIVISION

DANIELA ARITA-BUESO CIVIL ACTION NO. 3:26-CV-00990 SEC P

VERSUS JUDGE ROBERT R. SUMMERHAYS

WARDEN RICHWOOD MAGISTRATE JUDGE CAROL B.

CORRECTIONAL CENTER ET AL WHITEHURST

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 Daniela Arita Bueso on March 30, 2026. [Doc. 1]. At the time of filing,

Petitioner 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 15, 2026, the Government filed a Notice of Removal stating that while the matter

was pending, Petitioner was removed to Honduras by flight on or about June 10, 2026. [Docs. 12,

12-2]. Therefore, her 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. § 636(b)(1)(C) and Rule 72(b), parties aggrieved by

this recommendation have fourteen (14) 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.

Signed in chambers on June 16, 2026.

UNITED STATES MAGISTRATE JUDGE

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