Singh v. Holder et al

Filing 9

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 1/6/15 ORDERING that this case is DISMISSED. CASE CLOSED. (Dillon, M)

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1 2 3 4 5 6 7 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: Attorneys for Respondents 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 10 11 JASPAL SINGH, 12 13 Petitioner, Case No. 2:14-cv-2727 KJN P STIPULATION TO DISMISSAL AND ORDER v. 14 ERIC H. HOLDER, et al., 15 Respondents. 16 17 This is an immigration case in which petitioner Jaspal Singh challenges his detention by 18 Immigration and Customs Enforcement. The parties now stipulate to dismissal as petitioner has 19 20 been removed pursuant to a warrant of removal. Because petitioner has been removed, and is no longer in detention, his habeas petition challenging his confinement is moot, and the parties 21 stipulate to dismissal pursuant to Fed. R. Civ. P. 41(a)(2). Picrin-Peron v. Rison, 930 F.2d 773 22 (9th Cir. 1991) (habeas petition dismissed as moot because INS Director had released (paroled) 23 24 25 alien petitioner). Each side to bear its own cost of litigation. 1 December 31, 2014 2 Respectfully Submitted, 3 BENJAMIN B. WAGNER United States Attorney 4 5 By: /s/ Audrey B. Hemesath Audrey B. Hemesath Assistant United States Attorney By: /s/ Wahida Noorzad Wahida Noorzad Saad Ahmad & Associates 6 7 8 9 10 ORDER 11 12 13 Both parties consented to proceed before the undersigned for all purposes. See 28 U.S.C. 14 ยง 636(c). Pursuant to the joint stipulation, the matter is dismissed pursuant to Rule 41(a)(2) of 15 the Federal Rules of Civil Procedure. 16 Dated: January 6, 2015 17 18 19 20 21 22 23 24 25 /sing2727.41a

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