Case Name in Immigration Case - Unavailable

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26cv05161 DMS (BJW)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
KAREN AZUCENA AGUILAR-
GAMEZ,
Petitioners-Plaintiffs,
v.
CHRISTOPHER J. LAROSE, Warden,
Otay Mesa Detention Center, et al.,
Respondents-Defendants.
Case No.: 26cv05161 DMS (MMP)
ORDER DISMISSING PETITION
FOR WRIT OF HABEAS CORPUS
AS MOOT
Before the Court is Petitioner, Karen Azucena Aguilar-Gamez’s, second Petition for
a Writ of Habeas Corpus. ECF No. 1. On September 11, 2026, the Court issued an Order
to Show Cause (“OSC”) why this instant case should not be dismissed. (ECF No. 2). For
the following reasons, the Court DISMISSES the Petition AS MOOT.
I.
BACKGROUND
As noted above, this is not Petitioner’s first petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2241. The Court takes judicial notice of Aguilar-Gamez v. LaRose,
No. 26cv5017 DMS (JAC) (S.D. Cal.) (“Aguilar-Gamez I”). See United States v. Wilson,
631 F.2d 118, 119 (9th Cir. 1980) (stating that a court may take judicial notice of its own
records in other cases, as well as other courts’ records). On September 3, 2026, Petitioner,
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represented by Nicholas Paul of the Partnership for the Advancement of New Americans,
filed her first petition for a writ of habeas corpus in this Court seeking release from
immigration custody. See Aguilar-Gamez I, ECF No. 1. The Court issued an order requiring
a response in Aguilar-Gamez I. After briefing from the parties, this Court granted the
Petition in Aguilar-Gamez I on October 7, 2026, and ordered Petitioner’s immediate
release. See id., ECF No. 7. On October 9, 2026, Respondents submitted a status update
confirming Petitioner’s release from custody. Id., ECF No. 9.
While the above proceedings were taking place, Petitioner, represented by a different
attorney, filed the Petition in this case on September 10, 2026, also seeking release from
immigration custody. Aguilar-Gamez v. LaRose, et al., 26cv5161 DMS (MMP) (S.D. Cal.)
(“Aguilar-Gamez II”). As noted above, on September 11, 2026, this Court issued an OSC
as to why the case should not be dismissed as duplicative of Aguilar-Gamez I. ECF No. 2.
Petitioner filed a response to the OSC on September 17, 2026. Id., ECF No. 4.
II.
DISCUSSION
“Writs of habeas corpus may be granted by. . . district courts . . . within their
respective jurisdictions.” 28 U.S.C. § 2241(a). A petitioner prevails in his petition for writ
of habeas corpus if he shows that his custody violates the Constitution or laws of the United
States. Id. § 2241(c)(3). The writ of habeas corpus is “available to every individual detained
within the United States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004). The Supreme
Court has concluded that the Constitution limits federal courts’ jurisdiction over habeas
petitions, and other actions, to those that present live cases or controversies. See Spencer
v. Kemna, 523 U.S. 1, 7 (1998). “Failure to satisfy Article III’s case-or-controversy
requirement renders a habeas petition moot.” Mujahid v. Daniels, 413 F.3d 991, 994 (9th
Cir. 2005) (citing Hawkins v. Gore, No. 21-CV-01119-BAS-BGS, 2021 WL 6622292 *1
(S.D. Cal. Dec. 21, 2021). A habeas petition may become moot when a petitioner who
sought release from custody as the primary relief for his habeas petition is released from
the respondent’s custody. See Munoz v. Rowland, 104 F.3d 1096, 1097–98 (9th Cir. 1997)
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“For a habeas petition to continue to present a live controversy after the petitioner’s release
or deportation . . . there must be some remaining ‘collateral consequence’ that may be
redressed by success on the petition.” Abdala v. I.N.S., 488 F.3d 1061, 1064–65 (9th Cir.
2007). Here, because Petitioner was granted habeas relief in Aguilar-Gamez I, has been
released from custody, and alleges no remaining collateral consequences in Aguilar-Gamez
II, the instant petition is moot. See id.
III.
CONCLUSION
Accordingly, because Petitioner has been released from custody, the Court
DISMISSES Petitioner’s instant Petition for a Writ of Habeas Corpus as moot. The Clerk
of Court Shall enter judgment accordingly and close this case.
IT IS SO ORDERED.
Dated: October 13, 2026
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