Reyes v. Becerra

Background

Enrique Hernandez Reyes filed a petition under 28 U.S.C. § 2241, a law that allows a person to challenge the legality of detention. He argued that his continued detention by the Department of Homeland Security and Immigration and Customs Enforcement without a bond hearing violated due process. He sought a bond hearing that could provide an opportunity for release.

Reyes had been convicted in 2015 in Los Angeles Superior Court of making criminal threats and had pleaded no contest to violating a protective order. After state custody, he was taken into federal immigration custody. An Immigration Judge ordered his removal to Mexico on April 26, 2023. The Board of Immigration Appeals dismissed his appeal and entered a final removal order on August 10, 2023.

Reyes filed this petition on August 11, 2023. He was released from immigration custody on November 27, 2023, and removed to Mexico the next day. The government then moved to dismiss the petition as moot. Reyes did not file an opposition.

Court's analysis

The court concluded that Reyes's request for a bond hearing was moot because he was no longer detained. A bond hearing could not provide relief from detention after his release and removal. Relying on Ninth Circuit precedent involving a person who was released and removed while a detention challenge was pending, the court held that the petition had to be dismissed as moot.

Disposition

The court granted the defendant's motion to dismiss and dismissed the petition as moot. It ordered the Clerk to enter judgment and close the file.