Ramirez v. Burwell et al

Filing 73

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/25/2017 ORDERING petitioner to SHOW CAUSE on or before 5/1/2017 why this case should not be dismissed as moot. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALBERTINA RAMIREZ, as next friend of
P.A., a minor,
Petitioner,

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No. 2:16-cv-1511-TLN-EFB P

ORDER
v.
SYLVIA MATTHEWS BURWELL, et al.,
Respondents.

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Petitioner Albertina Ramirez, grandmother and next friend of P.A., a minor, sought a writ

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of habeas corpus and complaint for declaratory and injunctive relief seeking P.A.’s release from

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custody under federal immigration authority. ECF No. 5. At a hearing on December 7, 2016,

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counsel for respondents represented that a determination has been made that P.A. would be

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released from custody and that the release would occur as soon as transportation could be

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arranged, which was estimated to be within a matter of days. A joint status report submitted on

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December 15, 2016 informed the court that P.A. had indeed been released into the custody of his

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mother on December 8, 2016. ECF No. 55. The parties further represented “that the case can be

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dismissed pursuant to Rule 41(a) after the Court has made final determinations on the various

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requests to seal documents that remain pending in this matter.” Id. The court issued an order

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ruling on those requests to seal on January 30, 2017. ECF No. 58. Yet a notice of dismissal or
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request for dismissal has not been filed. Fed. R. Civ. P. 41(a). Accordingly, petitioner is

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HEREBY ORDERED to show cause on or before May 1, 2017 why this case should not be

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dismissed as moot.

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DATED: April 25, 2017.

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