Idrisa Sesay v. Michael Chertoff

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NOT FOR PUBLICATION JAN 04 2010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,…