Carlos Mario Silva Hernandez v. Warden, et al.

Opinion

1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 CARLOS MARIO SILVA Case No. 5:25-cv-02014-FLA (ADS) HERNANDEZ, 12 ORDER DISMISSING PETITION Petitioner, 13 FOR WRIT OF HABEAS CORPUS v. 14 15 WARDEN, et al., 16 Respondents. 17 18 19 Before the court is a Notice of Mootness and Request for Dismissal Without 20 Prejudice (“Notice”) filed by Petitioner Carlos Mario Silva Hernandez (“Petitioner”). 21 Dkt. 10. The Notice states Petitioner is no longer in federal custody, has departed the 22 United States voluntarily, and returned to his country of origin. Id. at 2. The Notice 23 requests the court dismiss the action without prejudice as moot. Id. at 2–3. 24 Respondents have not opposed the request for dismissal. 25 “A case becomes moot when interim relief or events have deprived the court of 26 the ability to redress the party’s injuries.” United States v. Alder Creek Water Co., 27 823 F.2d 343, 345 (9th Cir. 1987); see also NASD Disp. Resol., Inc. v. Jud. Council, 28 488 F.3d 1065, 1068 (9th Cir. 2007) (finding appeal to be moot when the plaintiffs | | had already been granted the relief they sought). Courts have an obligation to 2 | consider mootness sua sponte and should deny requested relief where it is 3 | superfluous. Jn re Burrell, 415 F.3d 994, 997 (9th Cir. 2005). “Generally, a petition 4 || for habeas corpus becomes moot should a prisoner be released from custody before 5 || the court has addressed the merits of the petition.” Zal v. Steppe, 968 F.2d 924, 926 6 | (9th Cir. 1992); Munoz v. Rowland, 104 F.3d 1096, 1097-98 (9th Cir. 1997) 7 || (“Because [the petitioner] has been released ..., we can no longer provide him the 8 | primary relief sought in his habeas corpus petition.”’). 9 Here, the Notice requests dismissal because Petitioner is no longer in federal 10 | custody, departed the United States voluntarily, and has returned to his country of 11 | origin. Dkt. 10 at 2. The Notice admits the Petition is moot. /d. The court can no 12 | longer provide Petitioner the relief sought in the Petition. Accordingly, the Petition is 13 | moot. 14 The court, having considered the Notice, hereby DISMISSES the Petition 15 | without prejudice. 16 17 IT IS SO ORDERED. 18 19 | Dated: February 23, 2026 aac) _ 20 FERNANDO L. AENLLE-ROCHA 21 United States District Judge 22 23 24 25 26 27 28