LORA v. SHANAHAN (2018)

United States Court of Appeals, Second Circuit.

Alexander LORA, Petitioner–Appellee, v. Christopher SHANAHAN, in his official capacity as New York Field Officer Director for U.S. Immigration and Customs Enforcement, Diane McConnell, in her official capacity as Assistant Field Office Director for U.S. Immigration and Customs Enforcement, Thomas S. Winkowski, in his official capacity as Principal Deputy Assistant Director of U.S. Immigration and Customs Enforcement, Jeh Johnson, in his official capacity as Secretary of the U.S. Department of Homeland Security, Loretta E. Lynch, in her official capacity as the Attorney General of the United States, and the U.S. Department of Homeland Security, Respondents–Appellants.

Docket No. 14-2343

Decided: March 30, 2018

Before: Amalya L. Kearse, Barrington D. Parker, Richard C. Wesley, Circuit Judges.

ORDER

By order dated March 5, 2018, the United States Supreme Court granted a petition for a writ of certiorari, vacated this Court's judgment, and remanded the case for further consideration in light of Jennings v. Rodriguez, 583 U.S. ––––, 138 S.Ct. 830, 200 L.Ed.2d 122 (2018).

At the Court's direction, the parties have briefed the question whether Mr. Lora's cancellation of removal has rendered the case moot.

IT IS HEREBY ORDERED that the appeal is dismissed as moot. Once cancellation of removal was granted to Petitioner-Appellee Lora the case no longer presented an actual dispute between the parties, rendering the case moot. See Lewis v. Cont'l Bank Corp., 494 U.S. 472, 477–78, 110 S.Ct. 1249, 108 L.Ed.2d 400 (1990); Catanzano v. Wing, 277 F.3d 99, 107 (2d Cir. 2001).

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