Le v. Youngblood et al
Filing
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STIPULATION and ORDER to DISMISS 1 Petition for Writ of Habeas Corpus as MOOT; NO CERTIFICATE OF APPEALABILITY REQUIRED signed by Magistrate Judge Jennifer L. Thurston on 6/10/2011. CASE CLOSED. (Sant Agata, S)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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NGUYEN LE,
Petitioner,
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v.
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Janet Napolitano, Secretary of Homeland
Security, et al.
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Respondents.
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1:11-cv-00668-JLT HC
STIPULATION TO DISMISS PETITION
AS MOOT
ORDER DISMISSING PETITION FOR
WRIT OF HABEAS CORPUS (Doc. 1)
NO CERTIFICATE OF APPEALABILITY
IS REQUIRED
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Petitioner is detained by the United States Bureau of Immigration and Customs Enforcement
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(“ICE”) and is proceeding through counsel with a Petition for a Writ of Habeas Corpus pursuant
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to 28 U.S.C. § 2241.
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In this immigration case, Petitioner challenges the length of his detention by Immigration and
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Customs Enforcement (“ICE”). On June 2, 2011, Petitioner was released from ICE custody on
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an Order of Supervision. Accordingly, the parties have stipulated to dismissal of this action as
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moot.
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Dated: June 6, 2011
BENJAMIN B. WAGNER
United States Attorney
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By:
/s/Audrey Hemesath
Audrey B. Hemesath
Assistant U.S. Attorney
Attorneys for the Respondents
By:
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/s/ Michael Vu
Michael Vu
Attorney for the Petitioner
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ORDER
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Pursuant to this Joint Stipulation and for the reasons stated therein, IT IS HEREBY
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ORDERED as follows:
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1. The petition for writ of habeas corpus (Doc. 1), is DISMISSED as MOOT;
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2. The Clerk of the Court is instructed to enter judgment and close the case; and,
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3. No certificate of appealability is required.
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IT IS SO ORDERED.
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Dated: June 10, 2011
9j7khi
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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