Mendez et al v. Napolitano et al

Filing 23

JOINT ORDER DISMISSING CASE. Signed by Judge Thelton E. Henderson on 05/19/2011. (tmi, COURT STAFF) (Filed on 5/20/2011)

1 MELINDA HAAG, CSBN 132612
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]
Attorneys for Respondents
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

FERNANDO MORENO MENDEZ and MARIA ) No. C 10-2471 TEH
12 DEL CARMEN MORENO GOMEZ,
)
)
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Petitioners,
) JOINT MOTION TO DISMISS;
) [PROPOSED] ORDER
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v.
)
)
15 JANET NAPOLITANO, Secretary of Homeland )
Security, TIMOTHY AITKEN, San Francisco
)
16 Field Office Director, United States Immigration )
and Customs Enforcement, and
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17 ERIC H. HOLDER, JR., Attorney General,
)
)
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Respondents.
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)
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This immigration habeas petition has been stayed until the Ninth Circuit Court of Appeals

21 issued a final decision in Singh v. Napolitano, 619 F.3d 1101 (9th Cir. 2010).
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On March 21, 2011, the Ninth Circuit denied the petition for panel rehearing and the petition

23 for rehearing en banc. On April 12, 2011, the appellate court denied the petitioner-appellant’s
24 subsequent motion to stay the mandate. On May 3, 2011, the Mandate issued. Accordingly, the
25 holding in Singh stands, and the parties jointly move the Court to dismiss the habeas petition
26 without prejudice. The parties agree to continue the stay of removal for thirty (30) days from
27 dismissal, to allow the Board of Immigration Appeals to consider Petitioner’s motion to reopen
28 removal proceedings and stay of removal.
Joint Motion to Dismiss; [Proposed] Order C 10-2471 TEH

1

Each party shall pay their own costs and fees.

2 Dated: May 18, 2011

Respectfully submitted,

3

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: May 18, 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

13 expire in thirty (30) days from the date of this Order. The habeas petition is DISMISSED, without

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14 prejudice. The parties shall bear their own costs and fees. The Clerk shall close the file.
ISTRIC
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Dated
05/19/2011
_________________________
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THELTON E. HENDERSON
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.
2
Joint Motion to Dismiss; [Proposed] Order C 10-2471 TEH