FILED
NOT FOR PUBLICATION JAN 04 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
IDRISA SESAY, No. 08-56812
Petitioner - Appellant, D.C. No. 3:07-cv-02354-JM-LSP
v.
JANET NAPOLITANO,* Secretary of the ORDER
Department of Homeland Security; ERIC
H. HOLDER JR., Attorney General of the
United States; ROBIN BAKER, Director
of San Diego Field Office, U.S.
Immigrations and Customs Enforcement;
JOHN A. GARZON, Officer-in-Charge,
Respondents - Appellees.
Appeal from the United States District Court
for the Southern District of California
Jeffrey T. Miller, District Judge, Presiding
Argued and Submitted August 5, 2009
Pasadena, California
Before: CANBY, WARDLAW and CALLAHAN, Circuit Judges.
The government’s motion to dismiss this appeal on the ground of mootness
is GRANTED. See Clark v. Martinez, 543 U.S. 371, 376 n.3 (2005) Rodriguez v.
*
Janet Napolitano is substituted for her predecessor Michael Chertoff,
Secretary of the Department of Homeland Security, pursuant to Fed. R. App. P.
43(c)(2).
Hayes, 578 F.3d 1032, 1044 (9th Cir. 2009); Picrin-Peron v. Rison, 930 F.2d 773,
776 (9th Cir. 1991). This appeal is dismissed as moot.
Because this mootness was caused by the unilateral act of the government,
we vacate the decision of the district court and remand with instructions to dismiss
the petition as moot. See U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership,
513 U.S. 18, 25 (1994) (stating that equitable considerations favor vacatur “when
mootness results from unilateral action of the party who prevailed below”); see
also Alvarez v. Smith, ___ U.S. ___, 2009 WL 4573274, at *5-7 (U.S. Dec. 8,
2009).
APPEAL DISMISSED; REMANDED with instructions.
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