4:26-cv-01433•Simoni v. Frink et al
Full text
FREDERJK SIMONI,
Petitioner,
vs.
UNITED STATES DISTRJCT COURT
SOUTHERN DISTRJCT OF TEXAS
HOUSTON DIVISION
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§ CIVIL ACTION NO. 4:26-CV-01433
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MARTIN L. FRJNK, et al., §
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Respondents. §
ORDER OF DISMISSAL
At the time the petitioner, Frederik Simoni, filed this petition for a writ of habeas
corpus under 28 U.S.C. § 2241, he was a detainee in the custody of United States
Department of Homeland Security, Immigration and Customs Enforcement ("ICE")
officials. Respondents advise that Petitioner was removed from the United States on March
9, 2026. Doc. Nos. 7, 7-1. Petitioner does not dispute that he has been removed and that
this case is moot.
Because the petitioner is no longer in custody and no controversy remains, his
petition must be dismissed as moot. See Spencer v. Kemna, 118 S. Ct. 978, 983 (1998)
(holding that a case becomes moot if it "no longer present[ s] a case or controversy under
Article III, § 2 of the Constitution" because "[t]he parties must continue to have a 'personal
stake in the outcome' of the lawsuit"') (quoting Lewis v. Cont'l Bank Corp., 110 S. Ct.
1249, 1254 (1990)).
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United States District Court
Southern District of Texas
ENTERED
April 03, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-01433 Document 8 Filed 04/03/26 in TXSD Page 1 of 2Therefore, the Court ORDERS as follows: 1. This habeas petition is DISMISSED without prejudice as MOOT. 2. All pending motions, if any, are DENIED as MOOT. 3. This case is CLOSED. The Clerk will enter this Order, providing a correct copy to all parties of record. 3 / ~ SIGNED this ____ day of April 2026. ANDREWS. HANEN UNITED STATES DISTRICT mDGE 2 / 2 Case 4:26-cv-01433 Document 8 Filed 04/03/26 in TXSD Page 2 of 2
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