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)

Download PDF
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 5 6 7 8 9 10 11 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7124 FAX: (415) 436-7169 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, ) ) 13 Petitioners, ) JOINT MOTION TO DISMISS; ) [PROPOSED] ORDER 14 v. ) ) 15 JANET NAPOLITANO, Secretary of Homeland ) Security, TIMOTHY AITKEN, San Francisco ) 16 Field Office Director, United States Immigration ) and Customs Enforcement, and ) 17 ERIC H. HOLDER, JR., Attorney General, ) ) 18 Respondents. ) ) 19 20 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). 22 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 4 /s/ ILA C. DEISS1 Assistant United States Attorney Attorneys for Respondents 5 6 7 8 Dated: May 18, 2011 9 /s/ JAMES TODD BENNETT Attorney for Petitioner 10 [PROPOSED] ORDER 11 12 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 Ju RT 20 son Hender A H ER 21 FO NO 19 lton E. dge The LI 18 R NIA UNIT ED S RT U O 14 prejudice. The parties shall bear their own costs and fees. The Clerk shall close the file. ISTRIC ES D TC 15 AT T Dated 05/19/2011 _________________________ 16 THELTON E. HENDERSON United States District Judge 17 N F D IS T IC T O R C 22 23 24 25 26 27 28 1 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?