DEIVI SAMUEL LOZANO-ANAYA
v.
FIELD OFFICE DIRECTOR, GARRET J. RIPA; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, DIRECTOR MIAMI FIELD OFFICE, IMMIGRATION AND CUSTOMS ENFORCEMENT
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The court held that the plaintiff's release from custody moots his habeas corpus petition, and that a habeas petition is not the proper vehicle for civil rights claims.
[1] A habeas corpus petition challenging unlawful detention becomes moot when the petitioner is released from custody before the petition is resolved, as the petitioner has o…
[2] Civil rights claims challenging the constitutionality of an arrest must be brought as a separate civil rights complaint and are not properly raised in a habeas corpus pet…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Since [Plaintiff] already has been released from custody, his prayer for relief has been satisfied.”
Court citing Djadju v. Vega, 32 F. 4th 1102, 1107 (11th Cir. 2022), explaining why the petition is moot.
Plaintiff, a noncitizen, filed an emergency petition for a writ of habeas corpus seeking release from ICE custody or a prompt custody hearing. Plainti…
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Plaintiff Deivi Samuel Lozano-Anaya is a noncitizen who was arrested and turned over to immigration authorities. [fn 1] He has filed an “Emergency Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241.” (Id. at 1.) As for relief, he seeks “immediate release from ICE custody” or “a custody hearing within 48 hours." (Id. at 5.)
Plaintiff was released to voluntarily leave the United States after filing this case. (See Doc. 15 at 2-3.) That moots his habeas claims attacking his detention. See, e.g., Zapeta v. Exec. Dir. of the Fla. Div. of Emergency Mgmt., No. 2:25-CV-00697-JLB-KCD, 2025 WL 2432501, at *3 (M.D. Fla. Aug. 22, 2025). Put another way, "[s]ince [Plainitff] already has been released from custody, his prayer for relief has been satisfied." Djadju v. Vega, 32 F. 4th 1102, 1107 (11th Cir. 2022).
Although difficult to decipher, Plaintiff's petition also seems to allege several civil rights violations surrounding his arrest. But a habeas petition is not the proper vehicle to raise such claims. See, e.g., Keys v. Warden, FCC Coleman-Low, No. 5:20-CV-319-OC-02PRL, 2020 WL 3962233, at *1 (M.D. Fla. July 13, 2020). Plaintiff must file a civil rights complaint to the extent he seeks to challenge the constitutionality of his arrest.
For the reasons above, Plaintiffs habeas petition (Doc. 1) is DENIED. The Clerk of Court is DIRECTED to terminate all deadlines, deny any pending motions as moot, and close the case.
ORDERED in Fort Myers, Florida on December 16, 2025.
Kyle C. Dudek United States District Judge
[fn 1]: Plaintiffs habeas petition is not paginated, so the Court cites the page numbers generated by its electronic filing system.
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Deivi Samuel Lozano-Anaya v. Field Off. Dir., 2025 WL 2432501 (M.D. Fla. 2025)…f was released to voluntarily leave the United States after filing this case. (See Doc. 15 at 2-3.) That moots his habeas claims attacking his detention. See, e.g., Zapeta v. Exec. Dir. of the Fla. Div. of Emergency Mgmt., No. 2:25-CV-00697-JLB-KCD, 2025 WL 2432501, at *3 (M.D. Fla. Aug. 22, 1 Plaintiff’s habeas petition is not paginated, so the Court cites the page numbers generated by its electronic filing system. 2025). Put another way, “[s]ince [Plainitff] already has been released from custod…
Authorities Cited
- Goga Djadju v. Vega, 32 F. 4th 1102 (11th Cir. 2022)
- Deivi Samuel Lozano-Anaya v. Field Off. Dir., 2025 WL 2432501 (M.D. Fla. 2025)