Kimon Bayne v. Dept of Homeland Security et al.

W.D. Louisiana

Kimon Bayne v. Dept of Homeland Security et al.

DecidedMay 11, 2026

Docket1:25-cv-01730

StatusUnknown

This text of Kimon Bayne v. Dept of Homeland Security et al. (Kimon Bayne v. Dept of Homeland Security et al.) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kimon Bayne v. Dept of Homeland Security et al., (W.D. La. 2026).

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a UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

KIMON BAYNE #A205-309-051, CIVIL DOCKET NO. 1:25-CV-01730 Petitioner SEC P

VERSUS JUDGE EDWARDS

DEPT OF HOMELAND SECURITY MAGISTRATE JUDGE PEREZ-MONTES ET AL, Respondents

REPORT AND RECOMMENDATION Pro se Petitioner Kimon Bayne (“Bayne”) filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 seeking his release from detention. ECF No. 1. Because Bayne has voluntarily departed, the Petition should be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. I. Background Bayne is a native and citizen of Grenada. On December 23, 2025, an immigration judge granted voluntary departure. ECF No. 22-1. On February 15, 2026, Bayne departed the United States for Grenada. II. Law and Analysis An alien who has been finally removed from United States is not “in custody,” as required for a court to have the power to grant a writ of habeas corpus. , 667 F.3d 538 (5th Cir. 2011) (per curiam); , 3:19-CV-976, 2019 WL 3468909 (N.D. Tex. 2019) (collecting cases), recommendation adopted, 2019 WL 3459817 (N.D. Tex. 2019); 28 U.S.C. § 2241. Therefore, the Court lacks jurisdiction to grant Bayne’s Petition. II. Conclusion Because Bayne voluntarily departed, IT IS RECOMMENDED that the Petition (ECF No. 1) be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. Under 28 U.S.C. § 636(b)(1)(c) and Fed. R. Civ. P. 72(b), a party may file written objections to this Report and Recommendation within 14 days of service, unless the Court grants an extension of time to file objections under Fed. R. Civ. P. 6(b). A party may also respond to another party’s objections to this Report and Recommendation within 14 days of service of those objections, again unless the Court grants an extension of time to file a response to objections. No other briefs may be filed without leave of court, which will only be granted for good cause. A party’s failure to timely file written objections to this Report and Recommendation will bar a party from later challenging factual or legal conclusions adopted by the District Judge, except if the challenge asserts “plain error.” SIGNED on Monday, May 11, 2026. He JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE

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a UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

KIMON BAYNE #A205-309-051, CIVIL DOCKET NO. 1:25-CV-01730 Petitioner SEC P

VERSUS JUDGE EDWARDS

DEPT OF HOMELAND SECURITY MAGISTRATE JUDGE PEREZ-MONTES ET AL, Respondents

REPORT AND RECOMMENDATION Pro se Petitioner Kimon Bayne (“Bayne”) filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 seeking his release from detention. ECF No. 1. Because Bayne has voluntarily departed, the Petition should be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. I. Background Bayne is a native and citizen of Grenada. On December 23, 2025, an immigration judge granted voluntary departure. ECF No. 22-1. On February 15, 2026, Bayne departed the United States for Grenada. II. Law and Analysis An alien who has been finally removed from United States is not “in custody,” as required for a court to have the power to grant a writ of habeas corpus. , 667 F.3d 538 (5th Cir. 2011) (per curiam); , 3:19-CV-976, 2019 WL 3468909 (N.D. Tex. 2019) (collecting cases), recommendation adopted, 2019 WL 3459817 (N.D. Tex. 2019); 28 U.S.C. § 2241. Therefore, the Court lacks jurisdiction to grant Bayne’s Petition. II. Conclusion Because Bayne voluntarily departed, IT IS RECOMMENDED that the Petition (ECF No. 1) be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. Under 28 U.S.C. § 636(b)(1)(c) and Fed. R. Civ. P. 72(b), a party may file written objections to this Report and Recommendation within 14 days of service, unless the Court grants an extension of time to file objections under Fed. R. Civ. P. 6(b). A party may also respond to another party’s objections to this Report and Recommendation within 14 days of service of those objections, again unless the Court grants an extension of time to file a response to objections. No other briefs may be filed without leave of court, which will only be granted for good cause. A party’s failure to timely file written objections to this Report and Recommendation will bar a party from later challenging factual or legal conclusions adopted by the District Judge, except if the challenge asserts “plain error.” SIGNED on Monday, May 11, 2026. He JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE

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