Gheibi v. Noem

S.D. Texas

Gheibi v. Noem

DecidedMay 20, 2025

Docket4:25-cv-01908

StatusUnknown

This text of Gheibi v. Noem (Gheibi v. Noem) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gheibi v. Noem, (S.D. Tex. 2025).

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Opinion

Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT May 20, 2025 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION SINA GHEIBI § VS : CIVIL ACTION NO. H-25-1908 KRISTI NOEM : ORDER OF DISMISSAL ,

Pending before the Court is the Motion for Temporary Restraining Order (Doc. No. 2) and Motion for Return of Sina Gheibi to the United States (Doc. No. 5). Both of these motions, and a petition for habeas corpus on behalf of Petitioner Sina Gheibi, were filed on April 28, 2025. By admission in his own pleadings, Petitioner was deported on April 25, 2025, three days before his counsel filed his petition and motions. See Doc. No. 5 at 1. Since Petitioner Sina Gheibi had already been removed from the United States at the time he filed his petition, he was not “in custody” in this district within the meaning of 28 U.S.C. § 2241. Merlan v. Holder, 667 F.3d 538, 539 (Sth Cir. 2011); see also Spencer v. Kemna, 523 U.S. 1, 7 (1998) (explaining that the “in custody” determination is made at the time the petition is filed). The Court also notes for future reference that the motion was filed in the Houston Division when the Petitioner was being held in the Corpus Christi Division. Thus, this matter should have been filed in the Corpus Christi Division. It is hereby ORDERED that the Motion for Temporary Restraining Order (Doc. No. 2) and the Motion for Return of Sina Gheibi to the United States (Doc. No. 5) are DENIED as moot; and it is ORDERED that the petition is DISMISSED without prejudice. SIGNED on this ae of May 2025.

ANDREW S. HANEN UNITED STATES DISTRICT JUDGE

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Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT May 20, 2025 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION SINA GHEIBI § VS : CIVIL ACTION NO. H-25-1908 KRISTI NOEM : ORDER OF DISMISSAL ,

Pending before the Court is the Motion for Temporary Restraining Order (Doc. No. 2) and Motion for Return of Sina Gheibi to the United States (Doc. No. 5). Both of these motions, and a petition for habeas corpus on behalf of Petitioner Sina Gheibi, were filed on April 28, 2025. By admission in his own pleadings, Petitioner was deported on April 25, 2025, three days before his counsel filed his petition and motions. See Doc. No. 5 at 1. Since Petitioner Sina Gheibi had already been removed from the United States at the time he filed his petition, he was not “in custody” in this district within the meaning of 28 U.S.C. § 2241. Merlan v. Holder, 667 F.3d 538, 539 (Sth Cir. 2011); see also Spencer v. Kemna, 523 U.S. 1, 7 (1998) (explaining that the “in custody” determination is made at the time the petition is filed). The Court also notes for future reference that the motion was filed in the Houston Division when the Petitioner was being held in the Corpus Christi Division. Thus, this matter should have been filed in the Corpus Christi Division. It is hereby ORDERED that the Motion for Temporary Restraining Order (Doc. No. 2) and the Motion for Return of Sina Gheibi to the United States (Doc. No. 5) are DENIED as moot; and it is ORDERED that the petition is DISMISSED without prejudice. SIGNED on this ae of May 2025.

ANDREW S. HANEN UNITED STATES DISTRICT JUDGE

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