Lal Bhatia v. USA, et al, No. 16-60076 (5th Cir. 2016)

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Case: 16-60076 Document: 00513775762 Page: 1 Date Filed: 11/29/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-60076 Summary Calendar United States Court of Appeals Fifth Circuit FILED November 29, 2016 Lyle W. Cayce Clerk LAL BHATIA, Petitioner-Appellant v. UNITED STATES OF AMERICA; IMMIGRATION AND CUSTOMS ENFORCEMENT, an entity; JEH CHARLES JOHNSON, SECRETARY, DEPARTMENT OF HOMELAND SECURITY; SARAH R. SALDANA, Director of Immigration and Customs Enforcement; DAVID RIVERA, Field Office Director for the New Orleans Field Office of Immigration and Customs Enforcement; DAVE BERKEBILE, Warden for Adams County Correctional Center, Respondents-Appellees Appeal from the United States District Court for the Southern District of Mississippi USDC No. 5:15-CV-100 Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM: * Lal Bhatia, formerly federal prisoner # 97562-011, appeals the denial of his motion for a preliminary injunction in a 28 U.S.C. ยง 2241 proceeding. He also moves for expedited consideration. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 16-60076 Document: 00513775762 Page: 2 Date Filed: 11/29/2016 No. 16-60076 During the pendency of this appeal, Bhatia was released from prison and placed in Immigration and Customs Enforcement custody. Accordingly, his appeal is moot, and we lack jurisdiction over it. See Bailey v. Southerland, 821 F.2d 277, 278 (5th Cir. 1987). APPEAL DISMISSED; MOTION DENIED. 2