Saravia v. Alcantar et al

Filing 14

STIPULATION AND ORDER DISMISSING CASE; Signed by Judge Marilyn Hall Patel on 9/17/2008. (awb, COURT-STAFF) (Filed on 9/17/2008)

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1 2 3 4 5 6 7 8 J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney J OANN M. SWANSON, CSBN 88143 Chief, Civil Division EDWARD A. OLSEN, CSBN 214150 Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6915 FAX: (415) 436-6927 Attorneys for Respondents UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VICTOR SARAVIA, ) ) Petitioner , ) ) v. ) ) NANCY ALCANTAR, Field Office ) Director, United States Immigration and ) Customs Enforcement (USICE); JULIE L, ) MYERS, Assistant Secretary; MICHAEL ) CHERTOFF, Secretary, Department of ) Homeland Security, ) ) Respondents. ) ) No. C 08-3741-MHP STIPULATION TO DISMISS; AND [PROPOSED] ORDER Honorable Marilyn Hall Patel Victor Saravia-Paguada is a native and citizen of Honduras who is subject to a final order of removal and is scheduled to be removed from the United States on September 19, 2008. On August 4, 2008, he filed a petition for writ of habeas corpus under 28 U.S.C. 2241, as well as an emergency motion for a stay of removal, seeking a stay of his removal while he seeks to vacate his 1992 convictions in California Superior Court for Santa Clara County for possession of methamphetamine in violation of California Health and Safety Code 11378, and cultivation of marijuana in violation of California Health and Safety Code 11358. After reviewing the papers submitted and considering the arguments presented on September 11, 2008, at the hearing on the petitioner's emergency motion for a stay of STIPULATION TO DISMISS AND PROPOSED ORDER C-08-3741-MHP 1 1 2 3 4 5 6 7 8 9 removal, this Court orally denied the petitioner's emergency motion for a stay of removal. In light of the Court's denial of the petitioner's emergency motion for a stay of removal, the parties, by and through their attorneys of record, believe that the petition for writ of habeas corpus should be dismissed as moot. Dated: September 16, 2008 /s/ EDWARD A. OLSEN Assistant United States Attorney Dated: September 16, 2008 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17 Date: September ___, 2008 /s/ STEPHEN SHAIKEN Attorney for Petitioner O RD ER Pursuant to stipulation, IT IS ORDERED that the petition for writ of habeas corpus is dismiss ed. UNIT ED ER N F D IS T IC T O R STIPULATION TO DISMISS AND PROPOSED ORDER C-08-3741-MHP 2 A C LI FO ari Judge M lyn H. P atel R NIA _______________________________ MARILYN HALL PATELED RDER UnitedIT IS SDistrict Judge States O O S S DISTRICT TE C TA RT U O NO RT H

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