Gutierrez Alvarez v. Tate et al

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Case 4:26-cv-00525 Documenti10_ Filed 04/28/26 in TXSD Page1of2

United States District Court
Southem District of Texas

ENTERED
Apnil 29, 2026

UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk

SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION
JOSE ADONY GUTIERREZ ALVAREZ, §
§
Petitioner, §
§
VS. § CIVIL ACTION NO. 4:26-CV-00525
§
RANDY TATE, et al., §
§
Respondents. §

ORDER OF DISMISSAL

At the time the petitioner, Jose Adony Gutierrez Alvarez, 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 at the Montgomery Processing Center in Conroe, Texas. Respondents advised the
Court that they anticipated removing Petitioner to Honduras on March 25, 2026. Doc. No.
9. Petitioner has not responded to the advisory to challenge his removal. The 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 custody and no controversy remains, 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

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Case 4:26-cv-00525 Documenti10- Filed 04/28/26 in TXSD Page 2 of 2

stake in the outcome’ of the lawsuit”) (quoting Lewis v. Cont’l 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. This case is CLOSED.

The Clerk will enter this Order, providing a correct copy to all parties of record.

AN
SIGNED on this "C8 day of April 2026.

\
pel We.

ANDREW S. HANEN
UNITED STATES DISTRICT JUDGE

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