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Keywords

jurisdictionattorneyhabeas corpusdeportationrespondent
jurisdictionattorneyhabeas corpusdeportationrespondent

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Terrado v. Moyer

Facts

Belinda Terrado, unlawfully in the United States, was ordered to leave and was deported on May 29, 1986. After her deportation, her attorney, unaware of her status, filed a petition for a writ of habeas corpus on June 2, 1986, claiming she was entitled to stay in the U.S. until she received specific reasons for her deportation. The district court recognized the matter was moot and lacked jurisdiction but ruled on the merits, denying the petition.

Belinda Terrado, unlawfully in the United States, was ordered to leave and was deported on May 29, 1986. After her deportation, her attorney, unaware of her status, filed a petition for a writ of habeas corpus on June 2, 1986, claiming she was entitled to stay in the U.S. until she received specific reasons for her deportation. The district court recognized the matter was moot and lacked jurisdiction but ruled on the merits, denying the petition.

Issue

Whether the district court had jurisdiction to rule on the merits of Terrado's petition for a writ of habeas corpus after she had already been deported.

Whether the district court had jurisdiction to rule on the merits of Terrado's petition for a writ of habeas corpus after she had already been deported.

Rule

Custody is an essential ingredient of a case under 8 U.S.C. 1105a(a)(9), and a case must present a 'case or controversy' within the meaning of Article III of the Constitution.

Custody is an essential ingredient of a case under 8 U.S.C. 1105a(a)(9), and a case must present a 'case or controversy' within the meaning of Article III of the Constitution.

Analysis

The court determined that since Terrado was no longer in custody due to her deportation, the case was moot and there was no longer any case or controversy. The district court's ruling on the merits was vacated because it lacked both statutory and constitutional jurisdiction to enter a ruling.

The court determined that since Terrado was no longer in custody due to her deportation, the case was moot and there was no longer any case or controversy. The district court's ruling on the merits was vacated because it lacked both statutory and constitutional jurisdiction to enter a ruling.

Conclusion

The judgment on the merits was vacated and the case remanded with directions to dismiss for lack of jurisdiction.

The judgment on the merits was vacated and the case remanded with directions to dismiss for lack of jurisdiction.

Who won?

The prevailing party was the respondent, Moyer, as the court found that the district court lacked jurisdiction to hear the case due to the mootness of the petition.

The prevailing party was the respondent, Moyer, as the court found that the district court lacked jurisdiction to hear the case due to the mootness of the petition.

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