Perales v. Napolitano et al

Filing 23

ORDER DISMISSING CASE without prejudice. The stay of deportation will expire in 30 days from the date of this order. The parties shall bear their own costs and fees. The clerk shall close the file. (tf, COURT STAFF) (Filed on 6/20/2011) Modified on 6/20/2011 (ys, COURT STAFF).

1 MELINDA HAAG
United States Attorney
2 JOANN M. SWANSON, CSBN 88143
Assistant United States Attorney
3 Chief, Civil Division
ILA C. DEISS, NY SBN 3052909
4 Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
Telephone: [phone]
FAX: [phone]
[e-mail]

8 Attorneys for Respondents
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
AMALIA HERNANDEZ PERALES,

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Petitioner,
v.

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JANET NAPOLITANO, Secretary,
15 Department of Homeland Security;
TIMOTHY AIKEN, Field Office Director,
16 Immigration and Customs Enforcement;
and ERIC HOLDER, JR., Attorney General
17 of the United States,
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Respondents.

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) No. C 09-6028 SI
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) JOINT MOTION TO DISMISS; and
) [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
for rehearing en banc. On April 12, 2011, the appellate court denied the petitioner-appellant’s
subsequent motion to stay the mandate. On May 3, 2011, the Mandate issued. Accordingly, the
holding in Singh stands, and the parties jointly move the Court to dismiss the habeas petition
without prejudice. The parties agree to continue the stay of removal for thirty (30) days from
dismissal, to allow Petitioner to file a motion to reopen the Board of Immigration Appeals and
seek a stay of removal.

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Joint Motion to Dismiss; [Proposed] Order
C09-6028 SI

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Each party shall pay their own costs and fees.

2 Dated: June 3, 2011

Respectfully submitted,

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MELINDA HAAG
United States Attorney

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

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8 Dated: June 3, 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

14 expire in thirty (30) days from the date of this Order. The habeas petition is DISMISSED, without
15 prejudice. The parties shall bear their own costs and fees. The Clerk shall close the file.
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6/20/11

17 Dated

_________________________
SUSAN ILLSTON
United States District Judge

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I, Ila C. Deiss, hereby attest that I obtained the concurrence of all signatories represented
28 by a conformed (/s/) signature in the filing of this document.
Joint Motion to Dismiss; [Proposed] Order
C09-6028 SI