Garcia v. Chertoff et al

Filing 42

STIPULATION AND ORDER RE 41 TO DISMISS. ***Civil Case Terminated.. Signed by Judge Richard Seeborg on 5/24/11. (cl, COURT STAFF) (Filed on 5/25/2011)

*E-Filed 5/25/11*
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MELINDA HAAG, CSBN 132612
United States Attorney
JOANN M. SWANSON, CSBN 88143
Chief, Civil Division
ILA C. DEISS, NY SBN 3052909
Assistant United States Attorney

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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
Telephone: [phone]
FAX: [phone]
Attorneys for Respondents

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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ARACELY DE JESUS FAJARDO
GARCIA,

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Petitioner,
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v.
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MICHAEL CHERTOFF, Secretary,
Department of Homeland Security;
NANCY ALCANTAR, Field Office
Director, Immigration and Customs
Enforcement; and MICHAEL
MUKASEY, Attorney General of the
United States,

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Respondents.

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No. C 08-5729-RS
STIPULATION TO DISMISS;
[PROPOSED] ORDER

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This immigration habeas petition has been stayed until the Ninth Circuit Court of Appeals
issued a final decision in Singh v. Napolitano, 619 F.3d 1101 (9th Cir. 2010).
On March 21, 2011, the Ninth Circuit denied the petition for panel rehearing and the petition

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for rehearing en banc. On April 12, 2011, the appellate court denied the petitioner-appellant’s

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subsequent motion to stay the mandate. On May 3, 2011, the Mandate issued. Accordingly, the

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holding in Singh stands, and the parties jointly move the Court to dismiss the habeas petition

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without prejudice. The parties agree to continue the stay of removal for forty-five (45) days from

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dismissal, to allow Petitioner time to file a motion to reopen with the Board of Immigration
Joint Dismissal
C-08-5729-RS

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Appeals.
Each party shall pay their own costs and fees.
Dated: May 19, 2011

Respectfully submitted,
MELINDA HAAG
United States Attorney

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/s/
ILA C. DEISS1
Assistant United States Attorney
Attorneys for Respondents

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Dated: May 12, 2011

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/s/
JAMES TODD BENNETT
Attorney for Petitioner

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[PROPOSED] ORDER

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Pursuant to the joint motion of the parties, IT IS SO ORDERED. The stay of deportation will

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expire in forty-five (45) days from the date of this Order. The habeas petition is DISMISSED,

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without prejudice. The parties shall bear their own costs and fees. The Clerk shall close the file.

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5/24/11

Dated:

RICHARD SEEBORG
United States District Judge

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I, Ila C. Deiss, hereby attest that I obtained the concurrence of all signatories represented
by a conformed (/s/) signature in the filing of this document.
Joint Dismissal
C-08-5729-RS

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