Manu v. Department of Homeland Security

Filing 9

ORDER GRANTING DEPARTMENT OF HOMELAND SECURITY'S REQUEST THAT MANU'S PETITION BE DISMISSED AS MOOT re: 8 . Signed by JUDGE SUSAN OKI MOLLWAY on 6/29/2018. (afc)CERTIFICATE OF SERVICE A copy of the instant Order will be served on Monday, July 2, 2018 by first class mail addressed to Mr. Leoti Manu at his address of record.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
LEOTI MANU,
Petitioner,
vs.
DEPARTMENT OF HOMELAND
SECURITY,
Respondent.
_____________________________

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Civ. No. 18-00219 SOM-KSC
ORDER GRANTING DEPARTMENT OF
HOMELAND SECURITY’S REQUEST
THAT MANU’S PETITION BE
DISMISSED AS MOOT.

ORDER GRANTING DEPARTMENT OF HOMELAND SECURITY’S REQUEST THAT
MANU’S PETITION BE DISMISSED AS MOOT
On June 8, 2018, Petitioner Leoti Manu filed a
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241,
while in the Department of Homeland Security’s custody pending
removal to Samoa.

ECF No. 1.

The petition alleges that Manu’s

detention is in violation of 8 U.S.C. § 1231(a)(6) and requests
that this court order his release.

See id. at PageID # 2.

On June 29, 2018, the Department of Homeland Security
filed a notice informing the court that Manu was removed from
the United States on June 22, 2018, and requesting that Manu’s
petition be dismissed as moot.
No. 8-1, PageID #45.

See ECF No. 8, PageID # 42; ECF

The Department argues that Manu’s petition

is moot because it “seeks immediate release from immigration
custody pending resolution of Manu’s removal from the United
States,” but “petitioner was released from immigration custody

when he was removed.”

ECF No. 8, PageID #s 43-44 (citing

Picrin-Peron v. Rison, 930 F.2d 773, 776 (9th Cir. 1991)).
The court agrees that no further relief can be granted
on Manu’s petition.

See Picrin-Person, 930 F.2d at 776 (“By his

petition for habeas corpus, Picrin–Peron has requested only
release from custody.

Because he has been released, there is no

further relief we can provide.”).
dismisses Manu’s petition as moot.

As a result, the court
The Clerk of Court is

directed to enter judgment and close this case.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, June 29, 2018.

/s/ Susan Oki Mollway
Susan Oki Mollway
United States District Judge
Manu v. Department of Homeland Security, Civ. No. 18-00219 SOMKSC; ORDER GRANTING DEPARTMENT OF HOMELAND SECURITY’S REQUEST
THAT MANU’S PETITION BE DISMISSED AS MOOT.

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