Shaker v. Bondi et al

HANI SHAKER,
Petitioner,
VS.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
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§ 	CIVIL ACTION NO. 4:26-CV-00444
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PAMELA BONDI, et al. , 	§
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Respondents. 	§
ORDER OF DISMISSAL
At the time the petitioner, Hani Shaker, 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. On June 5,
2026, Respondents advised the Court that the petitioner' s order ofremoval is final and that
he is now held under 8 U.S .C. § 1231 and that they anticipated removing him "no sooner
than in 5 days." Doc. No. 9. Petitioner has not responded to the advisory to challenge his
reclassification as a detainee under § 1231 or to dispute the Respondents ' contention that
his removal is imminent and likely to occur in the reasonably foreseeable future. 	Publicly
available ICE Locator website indicates that Petitioner is no longer in custody, and
Petitioner does not contest that he has been removed and that this case is now moot.
Because the petitioner is no longer in pre-removal custody and does not dispute that
his removal is imminent or has already occurred, 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
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United States District Court
Southern District of Texas
ENTERED
July 31, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-00444 Document 10 Filed 07/31/26 in TXSD Page 1 of 2

"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 '! 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.
3. 	This case is CLOSED.
The Clerk will enter this Order, providing a correct copy to all parties of record.
vSIGNED on this 	3 	l 	day of July 2026.
ANDREW S. HANEN
UNITED STATES DISTRICT JUDGE
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