Alftin v. Kelly et al

Filing 24

ORDER DENYING PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND CLOSING CASE as to Per Alftin (Illston, Susan) (Filed on 3/13/2017)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 PER SUNE ALFTIN, Plaintiff, 10 United States District Court Northern District of California 11 12 13 14 Case No. 17-cv-01052-SI Related Case No. 16-cr-00239 SI v. JOHN F. KELLY, et al., Defendants. ORDER DENYING PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND CLOSING CASE Re: Dkt. No. 3 15 16 On March 7, 2017, the Court held a hearing on plaintiff’s motion for a temporary 17 restraining order. Alftin seeks a temporary restraining order directing defendants to provide a 18 substantive response to the Bureau of Prisons (“BOP”) regarding Alftin’s deportability status prior 19 to the date set for Alftin’s voluntary surrender. For the reasons set forth at the hearing, the Court 20 does not find it appropriate to grant relief requested, and DENIES the motion. The Court has been 21 informed that on March 10, 2017, Alftin voluntarily surrendered to Taft Correctional Institution. 22 At the hearing, counsel for the Bureau of Prisons (“BOP”) agreed to send a letter to Taft 23 requesting that Taft expeditiously make the request to U.S. Customs and Immigration 24 Enforcement (“ICE”) for a determination of Alftin’s deportability status. Further, counsel for 25 defendants stated that she would request (through ICE counsel) that ICE appropriately expedite 26 the process to make the deportability determination after ICE receives the BOP request. 27 Plaintiff’s petition for mandamus seeks the same relief as the motion for a temporary 28 restraining order. In light of the denial of that motion and the fact that Alftin has surrendered to 1 Taft, the Court finds that there is no longer a case or controversy. The Clerk shall close the file. 2 3 IT IS SO ORDERED. 4 5 6 Dated: March 13, 2017 ______________________________________ SUSAN ILLSTON United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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