Maharjan v. Raycraft, et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
GYANI MAHARJAN,
Petitioner,
v.
KEVIN RAYCRAFT et al.,
Respondents.
____________________________/
Case No. 1:26-cv-1715
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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