Ake et al v. Napolitano et al

Filing 15

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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