Leon v. Chertoff et al

Filing 3

STIPULATION AND ORDER DISMISSING CASE WITHOUT PREJUDICE; Signed by Judge Marilyn Hall Patel on 5/15/2006; Each side to bear costs.(awb, COURT-STAFF) (Filed on 5/16/2006)

Leon v. Chertoff et al

Doc. 3

Case 3:06-cv-03024-MHP

Document 3

Filed 05/16/2006

Page 1 of 2

1 KEVIN V. RYAN, CSBN 118321 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Respondents 8 9 10 11 12 ISRAEL P. LEON, 13 14 15 16 17 18 19 20 21 ) ) No. C 06-3024 MHP Petitioner, ) ) v. ) ) STIPULATION OF DISMISSAL and MICHAEL CHERTOFF, in his Official Capacity, ) [P ROPOSED] ORDER Secretary, Department of Homeland Security; ) ALBERTO GONZALES, in his Official Capacity,) Attorney General, Department of Justice, and ) NANCY ALCANTAR, Field Office Director, ) San Francisco, California, United States Bureau ) of Immigration and Customs Enforcement, ) ) R es po n d en t s. ) ) Petitioner, by and through his attorney of record, and Respondents, by and through their UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] FAX: [phone]

22 attorneys of record, hereby stipulate to dismiss the petition for writ of habeas corpus in the above23 entitled proceeding without prejudice. On May 4, 2006, an immigration judge granted Petitioner 24 relief from removal and the government will not be appealing the immigration judge's decision. 25 On May 9, 2006, the Department of Homeland Security released the petitioner from detention, 26 rendering the petition moot. 27 Accordingly, the parties respectfully request that the Court dismiss the petition.

28 The parties will bear their own costs. Stip. to Dismiss C06-3024 MHP
Dockets.Justia.com

Case 3:06-cv-03024-MHP

Document 3

Filed 05/16/2006

Page 2 of 2

1 Dated: May 11, 2006 2 3 4 5 6 7 8 Dated: May 12, 2006 9 10 11

Respectfully submitted, KEVIN V. RYAN United States Attorney /s/ ILA C. DEISS Assistant United States Attorney Attorney for Respondents

/s/ RICHARD L. COSHNEAR Attorney for Petitioner

O RD ER 12 Pursuant to the parties' stipulation, and for good cause shown, IT IS HEREBY ORDERED 13 THAT this case is dismissed. Each party shall bear its own costs. 14 15 Dated: May 15, 2006 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip. to Dismiss C06-3024 MHP

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