Lemus v. Holder et al

Filing 8

ORDER re 7 granting STIPULATION to Dismiss. Signed by Judge Claudia Wilken on 10/5/09. (scc, COURT STAFF) (Filed on 10/5/2009)

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JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney JOANN M. SWANSON, CSBN 88143 Chief, Civil Division EDWARD A. OLSEN, CSBN 214150 Assistant United States Attorney 1301 Clay Street, Suite 340S Oakland, California 94612 Telephone: [phone] FAX: [phone] Attorneys for Respondents UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) Petitioner, ) ) v. ) ) ERIC HOLDER, Attorney General of the ) United States; CHARLES DEMORE, ) Acting District Director, San Francisco ) Office, U.S. Immigration and Naturalization ) Service, ) ) Respondents. ) ) ) ERIKA LEMUS No. C 09-3680-CW

STIPULATION TO DISMISS; AND ORDER

The petitioner, by and through her attorney, and respondents, by and through their attorneys, hereby stipulate, subject to approval of the Court, to dismissal of the above-entitled proceeding in light of the fact that the Board of Immigration Appeals (BIA) has issued a decision on her motion to reopen her removal proceedings. The relief requested in the habeas petition ­ a stay of removal pending a decision by the BIA on the petitioner's motion to reopen ­ is no longer necessary. Each of the parties shall bear their own costs and fees. // //
STIPULATION TO DISMISS C 09-3680-CW

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Dated: October 1, 2009

Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney

/s/ EDWARD A. OLSEN Assistant United States Attorney Dated: October 1, 2009 /s/ FRANK SPROULS Attorney for Petitioner

ORDER Pursuant to stipulation, IT IS SO ORDERED. 5 Dated: October ___, 2009 _________________________________ CLAUDIA WILKEN United States District Judge

STIPULATION TO DISMISS C 09-3680-CW

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