Ake et al v. Napolitano et al
Filing
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ORDER DISMISSING PETITION AS MOOT. Signed by Judge Claudia Wilken on 5/4/2011. (ndr, COURT STAFF) (Filed on 5/4/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FERNANDO CATZIN AKE, GUADALUPE
ESCOBEDO CHAN,
United States District Court
For the Northern District of California
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ORDER DISMISSING
PETITION AS MOOT
Petitioners,
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No. 10-05258 CW
v.
JANET NAPOLITANO, TIMOTHY AIKEN and
ERIC HOLDER, JR.,
Respondents.
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On November 19, 2010, Petitioners filed a petition for a writ
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of habeas corpus seeking an order directing the Board of
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Immigration Appeal (BIA) to reissue its March 6, 2006 certification
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decision and order, which would permit Petitioners to file a timely
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petition for judicial review.
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issued an order enjoining Respondents from removing Petitioners
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until the habeas petition was resolved.
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Respondents filed a status report stating that, on March 14, 2011,
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the BIA reissued its March 6, 2006 decision.
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March 14, 2011 order is submitted with the status report.
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Respondents request dismissal of this action and dissolution of the
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stay order because Petitioners have now received the relief they
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sought in their petition.
On November 22, 2010, the Court
On April 27, 2011,
A copy of the BIA’s
Petitioners have not filed a response to
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this request.
Because Petitioners have received the relief they requested in
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their petition, the petition is now moot and is dismissed and the
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November 22, 2010 stay order is dissolved.
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shall close this case.
The clerk of the court
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IT IS SO ORDERED.
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Dated: 5/4/2011
CLAUDIA WILKEN
United States District Judge
United States District Court
For the Northern District of California
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