Gomes v. Montgomery Processing Center et al

UNITED STATES DISTRJCT COURT
SOUTHERN DISTRJCT OF TEXAS
HOUSTON DIVISION
CAJITON DIOGO GOMES, 	§
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Petitioner,
VS.
MONTGOMERY PROCESSING
CENTER, et al.,
Defendants.
§ 	CIVIL ACTION NO. 4:26-CV-02633
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ORDER OF DISMISSAL
The petitioner, Cajiton Diogo Gomes, filed this petition to challenge his
ongoing immigration custody. 	The parties advise the Court that Gomes voluntarily
departed the United States and is no longer in custody. 	Doc. Nos. 4, 5. 	Because
Gomes 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 '! Bank
Corp., 110 S. Ct. 1249, 1254 (1990)).
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United States District Court
Southern District of Texas
ENTERED
May 01, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-02633 Document 6 Filed 05/01/26 in TXSD Page 1 of 2

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.
The Clerk will enter this Order, providing a correct copy to all parties of
record.
I ~	SIGNED on this 	day of May 2026.----
ANDREW S. HANEN
UNITED STATES DISTRICT JUDGE
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Case 4:26-cv-02633 Document 6 Filed 05/01/26 in TXSD Page 2 of 2