Brunet Renato Alvarez v. Davis, 533 U.S. 678 2001 . It has come to the attention of the court that Alvarez…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6657
BRUNET RENATO ALVAREZ,
Petitioner - Appellant,
versus
JOYCE K. CONLEY, Dr., Warden, FCI Beckley; US
ATTORNEY GENERAL,
Respondents - Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. David A. Faber, Chief
District Judge. (CA-02-230)
Submitted: September 23, 2005 Decided: October 11, 2005
Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.
Dismissed as moot by unpublished per curiam opinion.
Brunet Renato Alvarez, Appellant Pro Se. Monica Lynn Dillon,
Assistant United States Attorney, Michael Lee Keller, OFFICE OF THE
UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Brunet Renato Alvarez noted an appeal from an order of
the district court adopting the report of the magistrate judge and
denying Alvarez’s 28 U.S.C. § 2241 (2000) petition for habeas
corpus relief. Alvarez complained that his indefinite detention by
the former Immigration and Naturalization Service was prohibited by
the Supreme Court’s decision in Zadvydas v. Davis, 533 U.S. 678
(2001). It has come to the attention of the court that Alvarez has
now been released from detention. The Respondents argue that his
appeal is therefore moot.
Since Alvarez’s § 2241 petition was based on his claim of
illegal detention, and sought only release from that detention, we
conclude that his release renders the appeal moot. A federal court
lacks authority to render decisions on moot questions or make
rulings that cannot affect the case before it. Church of
Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992). The
controversy must exist at all stages of review; on appeal, if the
litigant has lost all concrete interest in the case, the appeal is
moot and must be dismissed. Toms v. Allied Bond & Collection
Agency, Inc., 179 F.3d 103, 105 (4th Cir. 1999). “Generally, an
appeal will be dismissed as moot when events occur during the
pendency of the appeal which prevent the appellate court from
granting any effective relief.” In re Cantwell, 639 F.2d 1050,
1053 (3d Cir. 1981).

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Accordingly, we dismiss the appeal as moot. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
DISMISSED AS MOOT

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