Sesay v. Napolitano

Ninth Circuit

Sesay v. Napolitano

361 F. App'x 747

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 4, 2010

DocketNo. 08-56812

StatusPublished

This text of 361 F. App'x 747 (Sesay v. Napolitano) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sesay v. Napolitano, 361 F. App'x 747 (9th Cir. 2010).

Pincite

Opinion

[748]*748ORDER

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, 125 S.Ct. 716, 160 L.Ed.2d 734 (2005) Rodriguez v. 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, 115 S.Ct. 386, 130 L.Ed.2d 233 (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. —, 130 S.Ct. 576, 581-84, — L.Ed.2d — (2009).

APPEAL DISMISSED; REMANDED with instructions.

Free access — add to your briefcase to read the full text and ask questions with AI

[748]*748ORDER

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, 125 S.Ct. 716, 160 L.Ed.2d 734 (2005) Rodriguez v. 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, 115 S.Ct. 386, 130 L.Ed.2d 233 (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. —, 130 S.Ct. 576, 581-84, — L.Ed.2d — (2009).

APPEAL DISMISSED; REMANDED with instructions.

Cite This Page — Counsel Stack

Bluebook (online)

361 F. App'x 747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sesay-v-napolitano-ca9-2010.

Opinion

Related

Cite This Page — Counsel Stack