Lizarraga-Sosa vs. Mukasey, et al.

Filing 12

ORDER DISMISSING PETITION PURSUANT TO JOINT STIPULATION and ORDER DIRECTING CLERK OF COURT TO CLOSE FILE signed by District Judge Lawrence J. O'Neill on 1/14/2009. (Figueroa, O)

1 2 3 4 5 ALVARO LIZARRAGA-SOSA, 6 Petitioner, 7 v. 8 9 10 11 Petitioner is proceeding through counsel on a petition for writ of habeas corpus pursuant to 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: January 14, 2009 -1/s/ Lawrence J. O'Neill ORDERS as follows: 1. The first amended petition (Doc. 3), is DISMISSED; and, 2. The Clerk of the Court is DIRECTED to close the file. 28 U.S.C. 2241. The instant petition was filed on June 19, 2008. (Doc. 1). Petitioner filed an amended petition on June 19, 2008. (Doc. 3). Petitioner challenged his continued detention by U.S. Immigration and Customs Enforcement (ICE). On October 20, 2008, the Court issued an Order to Show Cause, requiring Respondent to submit a response indicating why the petition should not be granted. (Doc. 8). On January 8, 2009, prior to the issuance of a ruling on the merits of the amended petition, the parties filed a stipulation and proposed order for dismissal, indicating that, on December 18, 2008, Petitioner was granted a bond hearing before an Immigration Judge. (Doc. 11). At that hearing, the Immigration Judge denied the request for bond redetermination. (Id., Attachment A). Because Respondents complied with the terms of the Order to Show Cause, the parties stipulated to dismissal of this action. ORDER For the foregoing reasons, and GOOD CAUSE appearing therefor, the Court HEREBY Michael Chertoff, Secretary of Homeland Security, et al. Respondents. ) ) ) ) ) ) ) ) ) ) ) No. 08-cv-F-866 LJO TAG ORDER DISMISSING PETITION PURSUANT TO JOINT STIPULATION ORDER DIRECTING CLERK OF COURT TO CLOSE FILE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES DISTRICT JUDGE

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