Post-Conviction Relief for Immigrants

A case becomes moot when it no longer satisfies the case-or-controversy requirement of Article III, Section 2, of the Constitution, which requires that the parties “continue to have a personal stake in the outcome of the lawsuit,” and “must have suffered, or be threatened with, an actual injury traceable to the defendant and likely to be redressed by a favorable judicial decision.”[148]  In a challenge to the validity of the criminal conviction itself, the existence of collateral consequences sufficient to satisfy the case-or-controversy requirement is presumed.[149]

[148] Spencer v. Kemna, 523 U.S. 1, 7 (1998); Reyes-Sanchez v. Ashcroft, 261 F.Supp.2d 276 (S.D.N.Y. 2003)

[149] Id. at 8.