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govinfo:USCOURTS-miwd-1_26-cv-01715-0

U.S. District Court for the Western District of Michigan · 2026-06-17

· GavelSight synced 2026-09-06 03:44:53

UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF MICHIGAN 
SOUTHERN DIVISION 
______ 
 
GYANI MAHARJAN, 
 
Petitioner, 
 
v. 
 
KEVIN RAYCRAFT et al., 
 
Respondents. 
____________________________/ 
 
 

 
Honorable Robert J. Jonker 
 
 
 
 
 
OPINION 
Petitioner, a United States Immigration and Customs Enforcement (ICE) detainee, initiated 
this action by filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Pet., ECF 
No. 1.) For the following reasons, the Court will dismiss the petition for a writ of habeas corpus 
pursuant to 28 U.S.C. § 2241 without prejudice. 
Discussion 
I. Procedural History 
The habeas petition challenges the lawfulness of Petitioner’s current detention and asks the 
Court to, inter alia , issue a writ of habeas corpus pursuant to 28 U.S.C. § 2241 ordering 
Respondents to release Petitioner . (Pet., ECF No. 1, PageID.23.) In an order entered on June 1, 
2026, the Court directed Respondents to show cause, within three business days, why the writ of 
habeas corpus and other relief requested by Petitioner should not be granted. (Order, ECF No. 3.) 
Respondents filed a motion to dismiss on June 4, 2026, indicating that Petitioner had been removed 
from the United States and that Petitioner did not intend to oppose the motion. (ECF No. 4.) 
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II. Factual Background 
Petitioner is a native and citizen of Nepal. (Pet., ECF No. 1, PageID.7.) Petitioner entered 
the United States approximately 20 years ago and has remained in the United States since that 
time. (Id.) On October 1, 2015, Petitioner was ordered removed from the United States. (Order of 
Supervision, ECF No. 1 -3, PageID.29.) On May 14, 2026 , Department of Homeland Security 
(DHS) agents encountered and arrested Petitioner. (Pet., ECF No. 1, PageID.17.) Petitioner was 
removed from the United States on June 2, 2026. (Detention History, ECF No. 5-1, PageID.116.) 
III. Habeas Corpus Legal Standard 
The Constitution guarantees that the writ of habeas corpus is “available to every individual 
detained within the United States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S. 
Const., Art I, § 9, cl. 2). Section 2241 of Title 28 confers upon the federal courts the power to issue 
writs of habeas corpus to persons “in custody in violation of the Constitution or laws or treaties of 
the United States.” 28 U.S.C. § 2241. This includes challenges by non -citizens in immigration -
related matters. See Zadvydas v. Davis, 533 U.S. 678, 687 (2001); see also A. A. R. P. v. Trump , 
145 S. Ct. 1364, 1367 (2025). 
IV. Analysis 
In Petitioner’s § 2241 petition, as relief, Petitioner asks the Court to order Respondents to 
release Petitioner from custody. After initiating this action, Petitioner was removed from the 
United States and is no longer in Respondents’ custody. 
Because the relief sought in Petitioner’s § 2241 petition relates to his detention, and he is 
no longer detained by Respondents, it appears that the present § 2241 petition is moot. Therefore, 
the Court will dismiss the action without prejudice. 
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Conclusion 
For the reasons discussed above, the Court will enter a judgment dismissing Petitioner’s 
petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 without prejudice. 
 
Dated: June 17, 2026 /s/ Robert J. Jonker 
Robert J. Jonker 
United States District Judge 
 
 
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