Banegas Lobo v. Diamondback Correctional Facility

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
PABLO CESAR BANEGAS LOBO, )
)
Petitioner, )
)
v. ) Case No. CIV-26-40-G
)
WARDEN, Diamondback Correctional )
Facility, )
)
Respondent. )
ORDER
Petitioner Pablo Cesar Banegas Lobo filed a Petition for Writ of Habeas Corpus
(Doc. No. 1) pursuant to 28 U.S.C. § 2241, challenging his detention by U.S. Immigration
and Customs Enforcement (“ICE”). On August 7, 2026, the appearing Respondent, the
United States of America, filed a Notice (Doc. No. 16) stating that Petitioner’s removal
from the United States was scheduled to occur after expiration of a 72-hour notice period.
The Court directed Petitioner to show cause why the Petition should not be
dismissed as moot. See Order to Show Cause (Doc. No. 17). The Order to Show Cause
was mailed to Petitioner but returned as undeliverable, see Doc. No. 18.
Petitioner’s removal or other release from ICE custody renders Petitioner’s habeas
claims moot. See Mendoza Hernandez v. U.S. Dist. Ct., No. CIV-26-923-R, 2026 WL
1506747, at *1-3 (W.D. Okla. May 29, 2026) (R. & R.), adopted, 2026 WL 1791956 (W.D.
Okla. June 22, 2026). The record therefore reflects that dismissal is warranted, as “[t]here
is no relief the Court can grant.” Bermudez v. Figueroa, No. CIV-26-179-JD, 2026 WL
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2
925524, at *2 (W.D. Okla. Apr. 6, 2026); see also Jordan v. Sosa, 654 F.3d 1012, 1023
(10th Cir. 2011).
CONCLUSION
Accordingly, the Petition for Writ of Habeas Corpus (Doc. No. 1) is DISMISSED
without prejudice as moot. A separate judgment shall be entered.
IT IS SO ORDERED this 14th day of October, 2026.
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