Alftin v. Kelly et al
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PER SUNE ALFTIN,
Plaintiff,
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United States District Court
Northern District of California
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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
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On March 7, 2017, the Court held a hearing on plaintiff’s motion for a temporary
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restraining order. Alftin seeks a temporary restraining order directing defendants to provide a
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substantive response to the Bureau of Prisons (“BOP”) regarding Alftin’s deportability status prior
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to the date set for Alftin’s voluntary surrender. For the reasons set forth at the hearing, the Court
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does not find it appropriate to grant relief requested, and DENIES the motion. The Court has been
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informed that on March 10, 2017, Alftin voluntarily surrendered to Taft Correctional Institution.
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At the hearing, counsel for the Bureau of Prisons (“BOP”) agreed to send a letter to Taft
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requesting that Taft expeditiously make the request to U.S. Customs and Immigration
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Enforcement (“ICE”) for a determination of Alftin’s deportability status. Further, counsel for
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defendants stated that she would request (through ICE counsel) that ICE appropriately expedite
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the process to make the deportability determination after ICE receives the BOP request.
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Plaintiff’s petition for mandamus seeks the same relief as the motion for a temporary
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restraining order. In light of the denial of that motion and the fact that Alftin has surrendered to
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Taft, the Court finds that there is no longer a case or controversy. The Clerk shall close the file.
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IT IS SO ORDERED.
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Dated: March 13, 2017
______________________________________
SUSAN ILLSTON
United States District Judge
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United States District Court
Northern District of California
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