7:26-cv-00201•Wang et al v. Federal Officials Responsible for Custody
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United States District Court Southern District of Texas ENTERED May 12, 2026 Nathan Ochsner, Clerk Case 7:26-cv-00201 Document 10 Filed 05/12/26 in TXSD Page 1 of 3
Case 7:26-cv-00201 Document 10 Filed 05/12/26 in TXSD Page 2 of 3
Case 7:26-cv-00201 Document 10 Filed 05/12/26 in TXSD Page 3 of 3
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Case 7:26-cv-00201 Document10- Filed 05/12/26 in TXSD Pagelof3 United States District Court Southem District of Texas United States Courts ENIFRED Southern District of Texas FILED UNITED STATES DISTRICT COURT May 12, 2026 May 12, 2026 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION Nathan Ochsner, Clerk of Court LUWEN WANG and JING XU, as Next Friend, Petitioner, VS. ACTION NO. 7:26-CV-0201 FEDERAL OFFICIALS RESPONSIBLE FOR CUSTODY, LP LP? LP LP LP? LP LP LP? Lr Lr Respondents. REPORT AND RECOMMENDATION Petitioner LOWEN WANG, appearing through the assistance of her putative next friend, JING XU, has filed a Petition for Writ of Habeas Corpus (the “Petition”) (Dkt. No. 1) under 28 U.S.C. § 2241, challenging her detention by immigration officials. Petitioner is a citizen of China but claims to have lawful status in the United States under an F-1 visa.' (/d. at 1, 3). Through the Petition, Ms. Xu claimed that, despite her lawful status, Petitioner was being detained in the “McAllen Station” under ostensible conditions “that exceed the lawful scope of short-term detention” and without being “[p]rovide[d] a clear legal basis for her detention” or access to counsel. (/d. at 1-3). In terms of relief, Ms. Xu represented that Petitioner was not “seek[ing] review of any removal order or immigration dfetention” but, rather, “[i]mmediate release” based on a “challeng[e] [of] the facts and legality of [the] present detention[.]” (/d. at 2, 4). Upon conducting an initial review of the Petition under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts,” the Magistrate Judge ordered Ms. Xu, as ' This is a nonimmigrant academic student visa. 8 U.S.C. § 1101(a)(15)(F)(i). * Rule 1(b) of the Rules Governing Section 2254 Proceedings in the United States District Courts provides that those rules may apply to any petition for writ of habeas corpus, including those under § 2241. 1/3 AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO Case 7:26-cv-00201 Documenti10- Filed 05/12/26 in TXSD Page 2of3 a threshold matter, to submit further briefing concerning her “next friend” status to request habeas relief on Petitioner’s behalf? (Dkt. No. 6). Ms. Xu failed to comply by the ordered deadline of May 1, 2026. As such, on May 7th, the Magistrate Judge ordered the Government to submit an advisory concerning whether Petitioner is currently being detained by immigration officials and, if so, where she is being detained and the basis for such detention. (Dkt. No. 8). The Government has now advised that Petitioner is not currently detained by U.S. Immigration and Customs Enforcement and contends that the Petition should be dismissed. (Dkt. No. 9). Indeed, where a petitioner receives the relief they sought through their habeas petition in the form of release from immigration custody, the petition no longer presents a live case or controversy for purposes of Article III of the Constitution and is thus subject to being dismissed as moot. See Wilfredo R. v. Noem, 2025 WL 3520307, at *1-2 (N.D. Tex. Nov. 4, 2025), report and recommendation adopted, 2025 WL 3517779 (N.D. Tex. Dec. 8, 2025); see also Salazar v. Gillis, 2020 WL 3087012, at *1 (S.D. Miss. June 10, 2020) (collecting cases). This case was referred to the Magistrate Judge for report and recommendation pursuant to 28 U.S.C. § 636(b)(1). After reviewing the record and relevant law, the Magistrate Judge concludes that, given Petitioner’s release from immigration custody, her request for relief is moot. As such, the Magistrate Judge RECOMMENDS that the Petition (Dkt. No. 1) be DISMISSED. ? Generally, an “[a]pplication for a writ of habeas corpus shall be in writing signed and verified by the person for whose relief it is intended or by someone acting in his behalf.” 28 U.S.C. § 2242. This provision codifies the “next friend” doctrine, which allows under certain circumstances the filing of a petition for habeas relief on behalf of another. See Whitmore v. Arkansas, 495 U.S. 149, 162-63 (1990). There are two elements to “next friend” standing. First, a “next friend” must provide an adequate explanation—such as inaccessibility, mental incompetence, or other disability—as to why the petitioner cannot appear on their own behalf. Jd. at 163 (quotations omitted). Second, a “next friend” must be truly dedicated to the petitioner’s best interests, such that they share some significant relationship. /d. at 162-64. 2/3 Case 7:26-cv-00201 Document10- Filed 05/12/26 in TXSD Page 3of3 Objections Within fourteen (14) days after being served a copy of this report, a party may serve and file specific, written objections to the proposed recommendations. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b). Failure to file written objections within fourteen (14) days after service shall bar an aggrieved party from de novo review by the District Judge on an issue covered in this report and from appellate review of factual findings accepted or adopted by the District Judge, except on grounds of clear error or manifest injustice. Directive to Clerk of Court The Clerk of Court is hereby DIRECTED to forward a copy of this report to the parties by any receipted means and to further e-mail a copy to Ms. Xu at astuomy@gmail.com. SIGNED at McAllen, Texas this 12th day of May 2026. Lyloheb Pai TT HACKER vited States Magistrate Judge 3/3
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