United States District Court, E.D. California
FINDINGS AND RECOMMENDATION TO DISMISS PETITION FOR
WRIT OF HABEAS CORPUS AS MOOT (DOC. 18)
K. OBERTO UNITED STATES MAGISTRATE JUDGE
Elias Mendoza Perez was a federal prisoner proceeding with a
petition for writ of habeas corpus pursuant to 28 U.S.C.
§ 2241 in which he challenged an order of extradition.
Contending that the petition is now moot following
Petitioner's February 14, 2017, extradition to Mexico,
Respondent has filed a motion to dismiss the petition.
Petitioner has not filed a timely response. Having carefully
reviewed the record as a whole and applicable law, the
undersigned recommends that the Court dismiss the petition as
Petition Must Be Dismissed as Moot
courts' constitutional jurisdiction extends only to
actual cases or controversies. Iron Arrow Honor Society
v. Heckler, 464 U.S. 67, 70-71 (1983). The case or
controversy requirement, articulated in Article II, Section 2
of the U.S. Constitution, prevents federal courts from
deciding “questions that cannot affect the rights of
litigants in the case before them.” Lewis
v. Continental Bank Corp., 494 U.S. 472, 477 (1990)
(internal quotation marks omitted). A petition for writ of
habeas corpus becomes moot when it no longer presents a case
or controversy. Wilson v. Terhune, 319 F.3d 477, 479
(9th Cir. 2003). When a federal court cannot
redress a party's actual injury with a favorable judicial
decision, the case is moot and must be dismissed. Spencer
v. Kemna, 523 U.S. 1, 7 (1998). “Mootness is
jurisdictional.” Burnett v. Lampert, 432 F.3d
996, 1000-01 (9th Cir. 2005).
reports that Petitioner was extradited on February 14, 2017,
to face pending murder charges in Mexico. Doc. 18 at 4.
Because the habeas petition can no longer provide relief from
the extradition order, it is now moot. See Lindstrom v.
Graber, 203 F.3d 470, 474 (7thCir. 2000);
Qassim v. Bush, 466 F.3d 1073, 1075 (D.C. Cir.
2006). When, as a result of intervening events, a court
cannot provide effectual relief in favor of the petitioner,
the Court should dismiss the proceeding as moot. Calderon
v. Moore, 518 U.S. 149, 150 (1996).
Certificate of Appealability
petitioner seeking a writ of habeas corpus has no absolute
entitlement to appeal a district court's denial of his
petition, but may only appeal in certain circumstances.
Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003).
The controlling statute in determining whether to issue a
certificate of appealability is 28 U.S.C. § 2253, which
(a) In a habeas corpus proceeding or a proceeding under
section 2255 before a district judge, the final order shall
be subject to review, on appeal, by the court of appeals for
the circuit in which the proceeding is held.
(b) There shall be no right of appeal from a final order in a
proceeding to test the validity of a warrant to remove to
another district or place for commitment or trial a person
charged with a criminal offense against the United States, or
to test the validity of such person's detention pending
(c) (1) Unless a circuit justice or judge issues a
certificate of appealability, an appeal may not be taken to
the court of appeals from-
(A) the final order in a habeas corpus proceeding in which
the detention complained of arises out of process issued by a
State court; or
(B) the final order in a proceeding under section 2255.
(2) A certificate of appealability may issue under paragraph
(1) only if the applicant has made a substantial showing of
the denial of a constitutional right.
(3) The certificate of appealability under paragraph (1)
shall indicate which specific issues or issues satisfy the