A defendant claiming that voluntary compliance moots a case bears the formidable burden of showing that it is absolutely clear the allegedly wrongful behavior could not reasonably be expected to recur. In the context of post judgment proceedings in which a district court has retained jurisdiction to enforce an injunction or a consent decree, some orders are sufficiently final to warrant appellate jurisdiction absent any imposed sanction. The Department of Homeland Security has legal custody over minors held under Title 42 because it maintains physical control and exercises decision-making authority over such minors.
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