Moran Mendoza v. Tate et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ELISANDRO MORAN MENDOZA,
Petitioner,
v.
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CIVIL ACTION NO. H-26-4249
RANDY TATE, et al.,
Respondents.
MEMORANDUM OPINION AND ORDER
Elisandro Moran Mendoza ("Petitioner"), a citizen of El
Salvador, entered the United States without inspection on an
unknown date.1 On September 14, 2019, Petitioner was served with
a Notice to Appear, charging him with removability pursuant to 8
U.S.C. § 1182 (a) (6) (A) (i). 2 On October 29, 2021, an immigration
judge ordered Petitioner removed to El Salvador.3 Petitioner filed
a motion to reopen his immigration case, which was denied by an
immigration judge. 4
sued a warrant
On March 13, 2026, an immigration officer
removal/deportation.5 That same day Petitioner
to
For
the
1Motion to Dismiss as Moot, Docket Entry No. 5, p. 3.
purposes of identification, all page numbers refer
pagination imprinted at the top of the page by the court's
Electronic Case Filing system.
2Addendum to Record of Deportable/Excludable Alien, Exhibit 1
to Motion to Dismiss as Moot, Docket Entry No. 5-1, p. 4.
3Motion to Dismiss as Moot, Docket Entry No. 5, p. 3.
4Addendum to Record of Deportable/Excludable Alien, Exhibit 1
to Motion to Dismiss as Moot, Docket Entry No. 5-1, p. 4.
5Motion to Dismiss as Moot, Docket Entry No. 5, p. 3.
United States District Court
Southern District of Texas
ENTERED
July 20, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-04249 Document 7 Filed 07/20/26 in TXSD Page 1 of 3

was apprehended and was taken into Immigration and Customs
Enforcement custody. 6 On May 29, 2026 Petitioner was removed from
the United States to El Salvador.7
Pending before the court is Petitioner's Verified Petition for
Writ of Habeas Corpus and Declaratory and Injunctive Relief for an
Order to Show Cause ( "Habeas Petition") (Docket Entry No. 1) .
Petitioner argues that his detention without a bond hearing
violates the Immigration and Nationality Act and due process.8
Petitioner also argues that his warrantless arrest violated the
Fourth and Fifth Amendments.9 Also pending before the court is
Respondents' Motion to Dismiss as Moot (Docket Entry No. 5) .
Respondents argue that Petitioner's Habeas Petition should be
dismissed as moot because he has been deported. 10 Petitioner has
filed a reply.11
"A court lacks subject matter jurisdiction over a moot
controversy, which exists when a matter 'no longer present[s] a
case or controversy under Article III, § 2, of the Constitution."
Rocha v, Mayorkas, 579 F.Supp.3d 923, 929 (S.D. Tex. 2022) (quoting
6l..9......
7 l.,Q_,_ at 4 .
8Habeas Petition, Docket Entry No. 1, pp. 10-11 11 26-38.
9.Ig__._ at 8-9 ii 20-25.
1°Motion to Dismiss as Moot, Docket Entry No. 5, p. 1.
11Petitioner's Response in Opposition to Respondents' Motion
to Dismiss, Docket Entry No. 6.
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Case 4:26-cv-04249 Document 7 Filed 07/20/26 in TXSD Page 2 of 3

Spencer v. Kemna, 118 S. Ct. 978, 983 (1998)). "Generally, release
from custody renders a habeas petition moot." Id. (citing Lane v.
Williams, 102 S. Ct. 1322, 1327 (1982)). Because Petitioner is no
longer detained and has been removed from the United States to El
Salvador, his Habeas Petition is moot.
For the reasons explained above, Respondents' Motion to
Dismiss as Moot (Docket Entry No. 5) is GRANTED, and Petitioner's
Verified Petition for Writ of Habeas Corpus and Declaratory and
Injunctive Relief for an Order to Show Cause (Docket Entry No. 1)
is DENIED AS MOOT.
The court will enter a final judgment in favor of Respondents.
SIGNED at Houston, Texas, on this 20th July, 2026.
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SIM LAKE
SENIOR UNITED STATES DISTRICT JUDGE
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