Bogdanov v. Ainley

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 10, 2025
• Docket: 24-30625
• Status: Unpublished

Opinion

Case: 24-30625 Document: 35-1 Page: 1 Date Filed: 03/10/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-30625 Summary Calendar FILED ____________ March 10, 2025 Lyle W. Cayce Vladimir Bogdanov, Clerk

Petitioner—Appellant,

versus

Robert M. Ainley; Patrick Arbuco; Denae T. Halsey,

Respondents—Appellees. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:24-CV-673 ______________________________

Before Smith, Stewart, and Duncan, Circuit Judges. Per Curiam: * Vladimir Bogdanov, a native and citizen of Russia, appeals the district court’s dismissal of his 28 U.S.C. § 2241 petition challenging his detention during the pendency of his asylum proceedings. He also asserted claims under the Federal Tort Claims Act.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-30625 Document: 35-1 Page: 2 Date Filed: 03/10/2025

No. 24-30625

“Whether an appeal is moot is a jurisdictional matter, since it implicates the Article III requirement that there be a live case or controversy.” Bailey v. Southerland, 821 F.2d 277, 278 (5th Cir. 1987). While Bogdanov argues that his detention during his asylum proceedings was arbitrary, capricious, abusive of discretion, and not otherwise in accordance with law, any such challenge is moot as he has been ordered removed and his detention is now governed by 8 U.S.C. § 1231. See Andrade v. Gonzales, 459 F.3d 538, 542-43 (5th Cir. 2006). Thus, we lack jurisdiction. DISMISSED.