Alvarado Aguilar v. Johnson et al

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
LEONEL ALVARADO AGUILAR, §
§
Petitioner, §
§
v. § No. 3:25-cv-1939-X (BT)
§
JOSHUA JOHNSON, et al., §
§
Respondents. §
MEMORANDUM OPINON AND ORDER
Petitioner Leonel Alvarado Aguilar filed a habeas application under 28
U.S.C. § 2241 seeking his release from United States Immigrations and Customs
Enforcement (“ICE”) custody. On February 18, 2026, Respondents filed a Status
Update informing the Court that ICE removed Aguilar from the United States after
he filed this § 2241 application. Status Update at 1 (ECF No. 6). Respondents ask
that the Court dismiss this case for lack of jurisdiction as moot. Id.
“Article III of the Constitution limits federal ‘Judicial Power,’ that is,
federal-court jurisdiction, to ‘Cases’ and ‘Controversies.’” United States Parole
Comm'n v. Geraghty, 445 U.S. 388, 395 (1980). A case becomes moot “when the
issues presented are no longer ‘live’ or the parties lack a legally cognizable interest
in the outcome.” Id. at 396 (quoting Powell v. McCormack, 395 U.S. 486, 496
(1969)).
The habeas petition only seeks Aguilar’s release from custody pending his
removal. Since he is no longer detained pending removal, his sole ground for relief
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is now moot, and this court lacks jurisdiction to consider his petition. See, e.g.,
Singh v. Mukasey, 2009 WL 1097255, at *1 (N.D. Tex. Apr. 22, 2009); Caquias v.
Dist. Dir. of ICE, 2008 WL 5378173, at *1 (N.D. Tex. Dec. 23, 2009).
Conclusion
The petition for a writ of habeas corpus is DISMISSED WITHOUT
PREJUDICE as moot. Fed. R. Civ. P. 12(b)(1).
SO ORDERED.
February 19, 2026.
______________________________
BRANTLEY STARR
UNITED STATES DISTRICT JUDGE
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