Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOSE JAZZAN GARCIA,
Petitioner,
vs. 	No. CIV 25-1257 JB/KK
KRISTI NOEM, Secretary, U.S. Department
of Homeland Security; U.S. DEPARTMENT
OF HOMELAND SECURITY; TODD
LYONS, Acting Director of ICE; PAMELA
BONDI, U.S. Attorney General; MARY DE-
ANDA YBARRA, Field Office Director of
Enforcement and Removal Operations, El Paso
Field Office, Immigration and Customs
Enforcement; GEORGE DEDOS, Warden of
Torrance County Detention Center,
Respondents.
MEMORANDUM OPINION AND ORDER
THIS MATTER comes before the Court on the Motion to Dismiss Petition for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2241, by a Person Subject to Unlawful Detention (Doc.1),
filed January 27, 2026 (Doc. 13)(“MTD”). The primary issue is whether the Court should grant
the MTD that Respondents Kristi Noem, Secretary, U.S. Department of Homeland Security;1 the
United States Department of Homeland Security; Todd Lyons, Acting Director of ICE; Pamela
Bondi, U.S. Attorney General;2 Mary De-Anda Ybarra, Field Office Director of Enforcement and
Removal Operations, El Paso Field Office, Immigration and Customs Enforcement; and George
1 As of March 31, 2026, Noem is no longer the Secretary of Homeland Security. 	See
Trump 	Ousts 	Noem 	as 	Homeland 	Security 	Secretary,
https://www.nytimes.com/live/2026/03/05/us/trump-news (last visited April 9, 2026).
2 As of April 2, 2026, Bondi is no longer the U.S. Attorney General. See Pam Bondi Out
As Attorney General, https://www.politico.com/news/2026/04/02/pam-bondi-attorney-general-
justice-department-00855413 (last visited April 9, 2026).
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Dedos, Warden of Torrance County Detention Center (collectively “Federal Respondents”) file,3
because the Federal Respondents no longer detain Petitioner Jose Jazzan Garcia and whom is no
longer in the United States of America. The Court grants the MTD, which Garcia does not oppose,
see Notice of Non-Opposition, filed March 4, 2026 (Doc. 14)(“Notice”), concluding that the
Petition for Writ of Habeas Corpus, filed December 18, 2025 (Doc. 1)(“Petition”), is moot, because
the Federal Respondents no longer detain Garcia and because Garcias is no longer in the United
States.
FACTUAL BACKGROUND
On August 23, 2025, Garcia enters United States’ custody for unpaid traffic tickets. See
Petition ¶ 1, at 9. On December 18, 2025, Garcia files the Petition. See MTD at 1. On January 7,
2026, an Immigration Law Judge (“ILJ”) finds Garcia removable and denies his application to
cancel removal proceedings. MTD at 1. Subsequently, the ILJ grants Garcia’s request for post-
conclusion voluntary departure. 	See MTD at 1. 	On January 13, 2026, the Honorable Kirtan
Khalsa, United States Magistrate Judge for the United States District Court for the District of New
Mexico, orders that the Federal Respondents release Garcia “on his own recognizance at the United
States-Mexico border . . . so that he may voluntarily depart from the United States in accordance
with the immigration judge’s order permitting him to do so.” Order at 3 (Doc. 10)(“Order”). The
Federal Respondents release Garcia at the United States-Mexico border on January 16, 2026, and
Garcia returns to Mexico. See MTD at 2.
3 The Federal Respondents’ counsel notes that they “do not represent George Dedos,
Warden, Cibola County Correctional Center, as that is a private facility, and Warden Dedos is not
a federal employee.” MTD at 1 n.1. The Federal Respondents’ counsel states, however, that all
arguments that the Federal Respondents make “apply with equal force to Warden Dedos,” because
he is detaining Petitioner Jose Jazzan Garcia at the United States of America’s request. MTD at 1
n.1.
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PROCEDURAL BACKGROUND
On January 27, 2026, the Federal Respondents file the MTD. MTD at 1. In the MTD, the
Federal Respondents request that the Court dismiss the Petition “as moot.” MTD at 1. The Federal
Respondents assert that there “is no longer any effectual relief which can be granted to the
prevailing part, [sic] making the Petition moot,” because Garcia is no longer in custody. MTD at
2. Moreover, Garcia’s immigration proceedings are complete, and he is no longer in the United
States. See MTD at 2. On March 4, 2026, Garcia files the Notice acknowledging “that the action
is moot and [stating that he] does not oppose the Respondents’ request for dismissal.” Notice at
1.
ANALYSIS
Article III of the United States’ Constitution places a Constitutional limitation on the federal
courts’ jurisdiction to hear, and to determine, “cases and controversies,” and thus provides the
mootness doctrine. 	U.S. Const. art. III, § 2, cl. 1. 	“Mootness is a threshold issue because the
existence of a live case or controversy is a constitutional prerequisite to federal court jurisdiction.”
McClendon v. City of Albuquerque, 100 F.3d 863, 867 (10th Cir. 1996). “‘In deciding whether a
case is moot, the crucial question is whether granting a present determination of the issues offered
will have some effect in the real world. When it becomes impossible for a court to grant effective
relief, a live controversy ceases to exist, and the case becomes moot.’” Abdulhaseeb v. Calbone,
600 F.3d 1301, 1311 (10th Cir. 2010)(quoting Kansas Jud. Rev. v. Stout, 562 F.3d 1240, 1246 (10th
Cir. 2009)). A case becomes moot “when a plaintiff no longer suffers ‘actual injury that can be
redressed by a favorable judicial decision.’” 	Rhodes v. Judiscak, 676 F.3d 931, 933 (10th Cir.
2012)(quoting Iron Arrow Honor Soc’y v. Heckler, 464 U.S. 67, 70 (1983)).
Here, the Court grants the MTD, concluding that the Petition is moot. 	The Federal
Respondents no longer detain Garcia, and he is no longer present in the United States, rendering it
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impossible for the Court to grant any effectual relief. 	Garcia files the Petition seeking an order
directing the Federal Respondents to “release Petitioner Immediately.” Petition at 74. The Federal
Respondents release Garcia on January 16, 2026. See MTD at 2. In addition, Garcia is no longer
in the United States, and his removal proceedings have concluded, leaving no live controversy for
the Court to resolve. See MTD at 2. Article III requires the existence of a live case or controversy
at all stages of litigation for the Court to maintain subject-matter jurisdiction. No live controversy
exists here in light of Garcia’s release and departure from the United States. Accordingly, the Court
concludes that the Petition is moot and grants the MTD.
IT IS ORDERED that: (i) the Motion to Dismiss Petition for a Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2241, by a Person Subject to Unlawful Detention (Doc.1), filed January
27, 2026 (Doc. 13), is granted; (ii) the Petition for Writ of Habeas Corpus, filed December 18,
2025 (Doc. 1), is dismissed; and (iii) Final Judgment will be entered.
_________________________________
UNITED STATES DISTRICT JUDGE
Parties and Counsel:
Danial Gividen
Gividen Law, PLLC
Dallas, Texas
--and--
Brenda M. Villalpando
Villalpando Law Firm, PLLC
El Paso, Texas
Attorneys for the Petitioner
Todd Blanche
Acting United States Attorney General
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Ryan Ellison
First Assistant United States Attorney
Allison Shokes
Assistant United States Attorneys
United States Attorney’s Office
Albuquerque, New Mexico
Attorneys for Respondents Kristi Noem, U.S Department of Homeland Security, Pamela
Bondi, Todd Lyons, and Mary De Anda-Ybarra.
George Dedos
Albuquerque, New Mexico
Defendant pro se
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