De La Cruz v. Mayorkas

Background

Felix Genao De La Cruz filed a petition under 28 U.S.C. § 2241 while he was in immigration detention. He alleged that his detention violated the Fifth Amendment’s Due Process Clause. He asked the court to release him and stay, or pause, his deportation proceedings.

On August 6, 2021, De La Cruz told U.S. Immigration and Customs Enforcement that he wanted to be removed to his home country as soon as possible. He attended an interview with the Dominican Republic’s consulate on August 10. The consulate later issued a travel document, and on August 17, 2021, Immigration and Customs Enforcement removed him from the United States to the Dominican Republic under a reinstated final removal order.

Analysis

The government moved to dismiss the petition as moot. A case is moot when the court can no longer provide effective relief or the parties no longer have a legally recognized interest in the outcome.

The court determined that both forms of relief De La Cruz requested were no longer available. His request to pause removal proceedings was moot because those proceedings had concluded. His request for release was also moot because he was no longer in detention. The court stated that De La Cruz’s own action had prevented it from providing effective relief.

The government also argued that venue was improper in the Southern District of New York. The court did not reach that issue because it dismissed the petition as moot.

Disposition

The court dismissed the petition as moot. It stated that a certificate of appealability would not issue because De La Cruz had not made a substantial showing that a constitutional right had been denied. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The Clerk of Court was directed to close the case.