Villatoro v. Napolitano et al

Filing 24

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge Thelton E. Henderson on 05/04/2011. (tmi, COURT STAFF) (Filed on 5/5/2011)

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
E-mail: [e-mail]
5
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
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Telephone: [phone]
FAX: [phone]
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8 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

12 ADLER DARWIN CANO VILLATORO,
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Petitioner,
v.

15 JANET NAPOLITANO, Secretary,
Department of Homeland Security;
16 TIMOTHY AITKEN, Field Office Director,
Immigration and Customs Enforcement, and
17 ERIC HOLDER, JR., Attorney General of the
United States,
18
Respondents.
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) No. C 10-5875 TEH
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) STIPULATION TO DISMISS; AND
) [PROPOSED] ORDER
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Whereas on March 24, 2011, the Court directed Petitioner to show cause within 14 days after

22 issuance of the mandate why in light of Pal Singh v. Napolitano, 619 F.3d 1101 (9th Cir. 2010) his
23 petition for a writ of habeas corpus should not be dismissed; and
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Whereas on May 3, 2011, the mandate issued in Pal Singh v. Napolitano, supra; and

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Whereas Petitioner, having been fully advised of the issues pending before the District Court

26 and the potential legal consequences of dismissal, has requested in writing that the petition be
27 dismissed and the stay order be lifted;
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Petitioner, by and through his attorney of record, and Respondent, by and through their

1 attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the
2 above-entitled action without prejudice and to a lifting of the stay of removal imposed on January
3 31, 2011. The parties further stipulate to paying their own costs and fees.
4
5 Dated: May 4, 2011

Respectfully submitted,

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MELINDA HAAG
United States Attorney

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/s/
ILA C. DEISS
Assistant United States Attorney

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Dated: May 4, 2011

________/s/_________________
JAMES TODD BENNETT
Attorney for Petitioner

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ORDER

05/04/2011

elton E
udge Th

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Stipulation to Dismiss
C 10-5875 TEH

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rso
. Hende

NO

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_________________________________
THELTON E. HENDERSON
United States District Judge

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R NIA

DATE:

FO

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A

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RT
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O

17 SO ORDERED.

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Pursuant to stipulation,

UNIT
ED

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