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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 18-13513
Non-Argument Calendar
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D.C. Docket No. 4:17-cv-00220-CDL-MSH
CAMILO TOLEDO GARCIA,
In his individual capacity,
Petitioner-Appellant,
versus
WARDEN, STEWART DETENTION CENTER,
In their official capacity,
ICE IMMIGRATION AND CUSTOMS ENFORCEMENT,
In their official capacity,
ACTING SECRETARY, DEPARTMENT OF HOMELAND SECURITY,
In their official capacity,
Respondents-Appellees.
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Appeal from the United States District Court
for the Middle District of Georgia
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(May 17, 2019)
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Before WILSON, MARTIN, and FAY, Circuit Judges.
PER CURIAM:
Camilo Toledo Garcia appeals the District Court’s dismissal of his petition
for a writ of habeas corpus under 28 U.S.C. § 2241 for lack of jurisdiction. After
careful review, we affirm.
Garcia, a native and citizen of Mexico, attempted to enter the United States
unlawfully in 2000. Immigration authorities apprehended him and ordered his
expedited removal. See 8 U.S.C. § 1182(a)(7)(A)(i)(I) (providing that immigrants
without valid entry documents are inadmissible); id. § 1225(b)(1)(A)(i) (allowing
removal without a hearing of certain persons who seek admission to the United
States without entry documents). He was removed to Mexico the same day
authorities encountered him.
Garcia later reentered the United States. North Carolina authorities arrested
him for driving while intoxicated in 2017. Upon his release, Immigration and
Customs Enforcement (ICE) took him into custody and detained him in Georgia.
While in custody, Garcia filed his § 2241 petition raising five claims: (1) that his
detention was not authorized by statute; (2) that ICE exceeded its authority by
arresting him in North Carolina, more than 100 miles from a border; (3) that he
was not subject to mandatory detention; (4) that he qualified for cancellation of
removal, a form of immigration relief, and was entitled to press that claim before
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an Immigration Judge; and (5) that he had a constitutional right to apply for
cancellation of removal.
Just days after Garcia filed his habeas petition, ICE removed him pursuant to
an order reinstating his 2000 order of removal. The District Court dismissed
Garcia’s claims related to his detention as moot and dismissed claims related to
immigration relief for lack of jurisdiction. Garcia appealed.
We review de novo the district court’s ruling that it lacks jurisdiction. Gupta
v. McGahey, 709 F.3d 1062, 1064–65 (11th Cir. 2013) (per curiam). We conclude
the district court correctly ruled that Garcia’s challenges to his detention became
moot and that it lacked jurisdiction over Garcia’s claims for immigration relief.
A case becomes moot, and thus the court loses jurisdiction, “when [the case]
no longer presents a live controversy with respect to which the court can give
meaningful relief.” Al Najjar v. Ashcroft, 273 F.3d 1330, 1336 (11th Cir. 2001)
(per curiam) (quotation marks omitted). Garcia’s challenges to his detention
became moot when he was removed from the United States and released from
custody. At that point, there was no detention to challenge, and the court could
give no relief with respect to it.
Garcia argues the collateral consequences he faces as a result of his removal
mean there is still a live controversy, but the only consequences he raises—a 20-
year bar on reentry and possible future criminal prosecution if he returns again—
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are not consequences of his detention. The 20-year bar is a consequence of his
removal. See 8 U.S.C. § 1182(a)(9)(A) (barring reentry of persons removed for a
second time after a first removal under 8 U.S.C. § 1225(b)(1)). A future criminal
prosecution would be a consequence of Garcia violating the law, not of his prior
detention. Cf. Spencer v. Kemna, 523 U.S. 1, 15, 118 S. Ct. 978, 987 (1998).
Neither of these facts keeps the controversy live.
As for Garcia’s claims to immigration relief, the REAL ID Act of 2005
stripped the district court of jurisdiction to hear those claims. The REAL ID Act
limits habeas review of orders of expedited removal to three issues and no others:
“whether the petitioner is an alien,” “whether the petitioner was ordered removed
under” the expedited removal statute, and “whether the petitioner can prove by a
preponderance of the evidence that the petitioner is an alien lawfully admitted for
permanent residence, has been admitted as a refugee . . . , or has been granted
asylum.” 8 U.S.C. § 1252(e)(2). In his habeas petition, Garcia said he should have
the chance to apply for cancellation of removal, a form of immigration relief. The
statute does not authorize the district court to hear that claim.
Garcia asserts the jurisdiction-stripping provisions of the REAL ID Act
amount to an unconstitutional suspension of the writ. But “the substitution of a
collateral remedy which is neither inadequate nor ineffective to test the legality of
a person’s detention does not constitute a suspension of the writ of habeas corpus.”
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Alexandre v. U.S. Att’y Gen., 452 F.3d 1204, 1205–06 (11th Cir. 2006) (per
curiam) (quoting Swain v. Pressley, 430 U.S. 372, 381, 97 S. Ct. 1224, 1230
(1977)). Garcia had an adequate avenue for review: to file in this court a petition
for review of the order reinstating his removal. See Avila v. U.S. Att’y Gen., 560
F.3d 1281, 1284 (11th Cir. 2009) (per curiam) (holding this court has jurisdiction
to review legal and constitutional claims related to reinstatement orders). We have
jurisdiction to review “constitutional claims or questions of law raised” in a
petition for review. 8 U.S.C. § 1252(a)(2)(D). Garcia could have challenged the
2000 order of expedited removal in a petition for review of his reinstatement order.
See Avila, 560 F.3d at 1286 (reviewing whether a noncitizen subject to a
reinstatement order was subject to a prior order of removal).
Garcia insists that he could not have petitioned for review in this court
because immigration authorities did not provide him with the removal orders at
issue. We fail to see why that would preclude him from petitioning for review.
Garcia could have raised a claim in this court that keeping the removal orders from
him denied him procedural due process. We could have entertained such a claim
on a petition for review.
Garcia finally argues that the district court could have reviewed his habeas
petition under the “arbitrary and capricious” standard from the Administrative
Procedures Act, 5 U.S.C. § 706. This argument, too, fails. The “sole and
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exclusive means for judicial review of an order of removal” is a petition for
review. 8 U.S.C. § 1252(a)(5). Garcia’s citation to Judulang v. Holder, 565 U.S.
42, 132 S. Ct. 476 (2011), is inapposite. That case considered a challenge to a BIA
policy, not a final order of removal. Id. at 45, 132 S. Ct. at 479.
We therefore AFFIRM the district court’s dismissal of Garcia’s § 2241
petition for lack of jurisdiction.
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