Cuero Torres v. Warden, Montgomery Processing Center

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JOSE DAYID CUERO TORRES, 	§
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§
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Petitioner,
VS. 	§ 	CIVIL ACTION NO. 4:26-CV-04068
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RANDY TATE, et al., 	§
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Respondents. 	§
ORDER OF DISMISSAL
The petitioner, Jose David Cuero Torres, filed this petition to challenge his ongoing
immigration detention. 	Respondents advise the Court that Petitioner was removed from
the United States on June 11 , 2026. Doc. No. 13 , 13-1. Petitioner does not dispute that he
has been removed and that this case is now moot.
Because Petitioner is no longer in custody and there is no viable controversy, 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)).
Therefore, 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.
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United States District Court
Southern District of Texas
ENTERED
June 26, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-04068 Document 14 Filed 06/26/26 in TXSD Page 1 of 2

3. 	This case is CLOSED.
The Clerk will enter this Order, providing a correct copy to all parties of record.
SIGNED on this 	~6 .\"--day of June 2026.
UNITED STATES DISTRICT JUDGE
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