Alonso Zaragoza v. Nielsen et al

Filing 21

ORDER by Judge Kandis A. Westmore granting 19 Motion to Dismiss without leave to amend. (kawlc1, COURT STAFF) (Filed on 7/18/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOSE MANUEL ALONSO ZARAGOZA, Petitioner, 8 9 10 United States District Court Northern District of California 11 v. KIRSTJEN NIELSEN, et al., Case No. 4:18-cv-00937-KAW ORDER GRANTING RESPONDENTS' MOTION TO DISMISS THE HABEAS PETITION Re: Dkt. No. 19 Respondents. 12 13 On July 9, 2018, Respondents filed a motion to dismiss the habeas petition for lack of 14 jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(1), in light of Petitioner’s removal 15 from the United States on July 2, 2018. (Resp’t’s Mot., Dkt. No. 19 at 1.) Petitioner’s habeas 16 petition sought a bond hearing before an immigration judge, but, due to his removal, the 17 undersigned can no longer grant the relief sought. Id. at 2. 18 19 20 21 22 23 24 25 26 27 28 On July 16, 2018, Petitioner filed a notice of non-opposition, in which he acknowledged that the habeas petition was mooted by the removal. (Dkt. No. 20 at 1.) Accordingly, Respondents’ motion to dismiss the habeas petition is GRANTED without leave to amend. The Clerk shall close the case. IT IS SO ORDERED. Dated: July 18, 2018 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge

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