Henry v. Holder

Filing 8

STIPULATION and ORDER signed by Judge John A. Mendez on 2/9/15: This action is DISMISSED, each side to bear its own costs of litigation. (Kaminski, H)

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5 BENJAMIN B. WAGNER United States Attorney AUDREY B. HEMESATH Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (915) 554-2700 Email: Audrey.Hemesath@usdoj.gov 6 Attorneys for Defendants 1 2 3 4 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 CHRISTOPHER HENRY, 10 Petitioner, 11 12 13 v. ERIC H. HOLDER, Jr., et al., 14 Respondents. 15 ) ) Case No.: 2:14-cv-2633 JAM EFB ) ) Joint Stipulation and Order re: Dismissal ) ) ) ) ) ) ) 16 17 Pursuant to Fed. R. Civ P. 41(a)(2), the parties hereby stipulate to voluntary dismissal of 18 this action, each side to bear its own costs of litigation. Petitioner Christopher Henry received a 19 bond hearing from the Immigration Judge on January 29, 2015. The Immigration Judge denied 20 21 bond, deeming Henry a flight risk. Pursuant to Casas–Castrillon v. DHS, 535 F.3d 942 (9th 22 Cir.2008), Henry has received the bond hearing to which he was entitled, and his habeas corpus 23 petition is now moot. 24 25 26 27 28 1 1 Dated: February 7, 2015 Respectfully submitted, BENJAMIN B. WAGNER United States Attorney 2 3 /s/ Audrey B. Hemesath AUDREY B. HEMESATH Assistant U.S. Attorney 4 5 6 7 8 DATED: February 7, 2015 9 10 Respectfully submitted, /s/ Terry Dean Stark TERRY DEAN STARK Attorney for the Petitioner 11 12 13 14 ORDER 15 16 It is so ordered. 17 18 19 20 DATED: 2/9/2015 /s/ John A. Mendez________________ UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2

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