What is the effect of a writ of habeas corpus being appealed?

MultiRegion, United States of America

The following excerpt is from Sow v. Garland, 20-3306 (2nd Cir. 2021):

While his petition was pending, on October 28, 2019, Sow moved the district court for a writ of habeas corpus under 28 U.S.C. 2241, arguing that his prolonged detention violated his statutory and constitutional rights and that he was entitled to a bond hearing before an immigration judge. The district court agreed and, on August 27, 2020, entered judgment, granting the petition and ordering an individualized bond hearing. See Sow v. Barr, No. 6:19-cv-6794, 2020 WL 5046263, at *8 (W.D.N.Y. Aug. 27, 2020). That hearing resulted in Sow's September 14, 2020 release from custody, when he posted the bond set by the Immigration Judge. The government's timely appeal of the district court's habeas judgment is now before this court. We assume the parties' familiarity with the underlying facts, procedural history, and issues in this appeal, as well as in Sow's related petition in No. 19-2464.

Insofar as the government here challenges the district court's writ requiring a bond hearing "where an individualized determination can be made as to whether [Sow] should remain confined for the duration of his immigration proceedings," Sow, 2020 WL 5046263, at *8, our denial of the petition for review in Sow v. Garland, No. 19-2464, filed today, concludes those proceedings. The government is thus no longer encumbered by the writ entered against it, so this court is unable to grant "any effectual relief whatever." Mills v. Green, 159 U.S. 651, 653 (1895). This moots the appeal. See id.

Other Questions


Does section 2241 of the Habeas corpus act as a substitute for a motion of habeas corpus? (MultiRegion, United States of America)
Does a named class representative's notice of appeal stating that he is appealing individually and on behalf of the other named plaintiffs in a class action be sufficient to effect an appeal? (MultiRegion, United States of America)
Does a certificate of appealability required for us to exercise jurisdiction in an appeal arising out of a habeas corpus proceeding? (MultiRegion, United States of America)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
What is the appeal and cross-appeal from a grant of habeas corpus by the district court in a death penalty case? (MultiRegion, United States of America)
What is the test for appeal from the Court of Appeal against the denial of a Writ of Habeas Corpus application brought by a state prisoner convicted of murder? (MultiRegion, United States of America)
What is the effect of a frivolous appeal against the Court of Appeal's decision to dismiss the appeal on the grounds of mootness? (MultiRegion, United States of America)
Can a state prisoner appeal the denial of his writ of habeas corpus? (MultiRegion, United States of America)
What is the effect of the Court of Appeal Division's decision not to grant leave to appeal on the basis of new evidence? (Canada (Federal), Canada)
What is the effect of a district court judgment denying habeas corpus? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.