Opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

LAFAYETTE DIVISION

ANNERYS MARIANA CANO CIVIL DOCKET NO. 6:26-CV-696

ALVAREZ

VERSUS JUDGE ALEXANDER C. VAN HOOK

WARDEN, ET AL. MAGISTRATE JUDGE HORNSBY

REPORT AND RECOMMENDATION

In accordance with the standing order of this court, this matter was referred to the

undersigned Magistrate Judge for review, report and recommendation.

STATEMENT OF CLAIM

Before the court is a petition for writ of habeas corpus filed by pro se petitioner

Annerys Mariana Cano Alvarez (“Petitioner”), pursuant to 28 U.S.C. §2241. At the time

of filing this petition, Petitioner, a native and citizen of Venezuela, was an immigration

detainee at the South Louisiana ICE Processing Center in Basile, Louisiana. Petitioner

sought release from detention or a bond hearing.

Petitioner entered the United States in 2018. Petitioner was taken into immigration

custody on January 23, 2026 (Doc. 9).

Respondents filed a Motion to Dismiss for Lack of Jurisdiction (Doc. 20).

Respondents claim the petition is moot and should be dismissed because Petitioner has

been removed and is no longer in ICE custody. In support of their claim, Respondents

provide the Declaration of Assistant Field Office Director Charles G. Ward which states

that on May 31, 2026, Petitioner was removed by a Charter flight from ELP with a final

destination of Simon Bolivar International Airport (20-2).

Because Petitioner has been removed and is no longer in ICE custody, Respondents’

Motion to Dismiss should be GRANTED and this petition should be DISMISSED

WITHOUT PREJUDICE because it is moot.

LAW AND ANALYSIS

Article III of the Constitution includes a case or controversy requirement for matters

brought in the federal courts. This means that the plaintiff or petitioner must have suffered

or be threatened with an actual injury traceable to the defendant and likely to be redressed

by a favorable judicial decision. Lewis v. Continental Bank Corp., 110 S.Ct. 1249, 1253

(1990). Petitioner must continue to meet the case or controversy requirement. Spencer v.

Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed. 2d 43 (1998). A case becomes moot “when

the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in

the outcome.” United States Parole Comm'n v. Geraghty, 445 U.S. 388, 396 (1980)

(quoting Powell v. McCormack, 395 U.S. 486, 496 (1969)). Petitioner’s petition

challenging her detention is moot because she has been removed and is no longer in ICE

custody (Docs. 20 and 20-2). See Dormeus v. Keisler, 252 Fed.Appx. 611, 612 (5th

Cir.2007). 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 Respondents’ Motion to Dismiss (Doc.

20) be GRANTED and Petitioner’s petition be DISMISSED WITHOUT PREJUDICE

as moot.

OBJECTIONS

Under the provisions of 28 U.S.C. 636(b)(1)(C) and Fed. R. Civ. Proc. 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, unless an

extension of time is granted under Fed. R. Civ. Proc. 6(b). A party may respond to another

party’s objections within fourteen (14) days after being served with a copy thereof.

Counsel are directed to furnish a courtesy copy of any objections or responses to the

District Judge at the time of filing.

A party’s failure to file written objections to the proposed findings, conclusions and

recommendation set forth above, within fourteen (14) days after being served with a copy

shall bar that party, except upon grounds of plain error, from attacking on appeal the

unobjected-to proposed factual findings and legal conclusions accepted by the district

court. See Douglas v. U.S.A.A., 79 F.3d 1415 (Sth Cir. 1996) (en banc).

THUS DONE AND SIGNED, in chambers, at Shreveport, Louisiana, on this the

29th day of July 2026.

Mark L. Hornsby

U.S. Magistrate Judge

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