Herbert Arce-Retana v. Nathalie Asher

U.S. Court of Appeals for the Ninth Circuit
Herbert Arce-Retana v. Nathalie Asher, 586 F. App'x 286 (9th Cir. 2014)

Herbert Arce-Retana v. Nathalie Asher

Opinion

MEMORANDUM **

Herbert Arce-Retana appeals pro se from the district court’s final judgment dismissing with prejudice his 28 U.S.C. § 2241 habeas petition challenging his immigration detention and bond amount. We dismiss the appeal for lack of jurisdiction.

We lack jurisdiction to review the district court’s dismissal of Arce-Retana’s ha-beas petition because his subsequent departure from the United States following his release from immigration custody during the pendency of his appeal moots his requests for release from custody on the condition of bond and for a reduction in the bond amount. See Mamigonian v. Biggs, 710 F.3d 936, 942 (9th Cir. 2013) (“Federal courts do not have constitutional authority to decide moot cases.”); see also Abdala v. INS, 488 F.3d 1061, 1065 (9th Cir. 2007) (dismissing a habeas petition for *287 mootness, where the petitioner’s deportation “cur[ed] his complaints about the length of his INS detention” and presented “no collateral consequences ... that his original petition could have redressed”).

DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Herbert ARCE-RETANA, A.K.A. Herbert Conrado Arce-Retana, Petitioner-Appellant, v. Nathalie ASHER, ICE Field Office Director, Respondent-Appellee
Status
Unpublished