# Opinion

> District Court, E.D. California · August 6, 2026

URL: https://www.frixlaw.com/law-library/cases/11434564

## Case

- **Full name:** Heber Audias Avila Ortega v. Warden, California City Correctional Center, et. al.
- **Court:** District Court, E.D. California
- **Decided:** August 6, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11 HEBER AUDIAS AVILA ORTEGA, No. 1:26-cv-03167-DAD-DMC-HC
A-203-560-812
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Petitioner,
13 FINDINGS AND RECOMMENDATIONS
v.
14
WARDEN, CALIFORNIA CITY
15 CORRECTIONAL CENTER, et. al.,
16 Respondents.
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18 Petitioner, an immigration detainee who is proceeding pro se, filed a petition for a
19 writ of habeas corpus pursuant to 28 U.S.C. § 2241. Pending before the Court is Respondent’s
20 motion to dismiss, ECF No. 6, Petitioner filed oppositions, ECF Nos. 9 ,10, and 12, and
21 Respondent filed a reply, ECF No. 13.
22 In the reply, Respondent informed the Court that “on June 22, 2026, Petitioner was
23 successfully removed from the United States to Honduras.” ECF No. 13, pg. 1. Thus, Respondent
24 argues the petition is moot and should be dismissed. See id. The undersigned sought additional
25 documentation to support the claim that Petitioner had been removed, ECF No. 15, and directed
26 Respondent to file an affidavit or sworn declaration in support, ECF No. 17. Respondent filed a
27 declaration by Kenneth Jager, a Deportation Officer employed by the U.S. Department of
28 Homeland Security. See ECF No. 18.
1 Under oath and subject to the penalty of perjury, Officer Jager states that he
2 reviewed all the case information within ICE databases regarding Petitioner. I am
informed and believe that on June 22, 2026, Petitioner boarded an International
3 Flight (Mission No. 26-005921 from Alexandria, LA (AEX) to Honduras
(MHLM). As such, I am informed and believe that on June 22, 2026, Petitioner
4 was removed from the United States to Honduras.
5 Id. at 1-2 (numbering omitted).
6 Based on the evidence presented by Respondent, as confirmed by Officer Jager,
7 || the undersigned finds that Petitioner has been removed from the United States, is no longer in
8 | Respondent’s custody, and therefore, his petition for writ of habeas corpus, challenging his
9 || detention should be dismissed as moot. Given Respondent’s motion to dismiss addressed the facts
10 || prior to Petitioner’s removal, the undersigned will recommend that the motion to dismiss be
11 || denied as moot.
12 Accordingly, it is RECOMMENDED that the Petition for writ of habeas corpus,
13 | ECF No. 1, be DISMISSED, and the motion to dismiss, ECF No. 6, be DENIED AS MOOT.
14 These findings and recommendations are submitted to the United States District
15 || Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). The undersigned
16 || finds that a shortened objection period is warranted in this case given the nature of the relief at
17 || issue as well as the fact that the parties have had sufficient time to submit all of their arguments in
18 || written briefs. See United States v. Barney, 568 F.2d 134, 136 (9th Cir. 1978) (per curiam)
19 | (stating that 28 U.S.C. § 636(b)(1) sets the maximum objection period and not the minimum); see
20 || also Local Rule 304(b). Thus, within 7 days after being served with these findings and
21 || recommendations, any party may file written objections with the Court. Failure to file objections
22 || within the specified time may waive the right to appeal. See Martinez v. YIst, 951 F.2d 1153 (9th
23 || Cir. 1991).
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25 Dated: August 5, 2026 Co
26 DENNIS M. COTA
07 UNITED STATES MAGISTRATE JUDGE
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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11434564. Public record. Not legal advice.