AKTAR v. DUKE, et al

Filing 20

MEMORANDUM AND ORDER that the petition for writ of habeas corpus is dismissed under Federal Rule ofCivil Procedure 41(a)(2); and upon consent of the parties that the stay previously ordered by this Court is terminated. The Clerk is directed to close this case. Signed by Judge Kevin McNulty on 1/30/18. (sr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

SANZIDA AKTAR,
Petitioner,

Civ. No. 17-10691 (KM)

V.

ELAINE C. DUKE et al.,

MEMORANDUM AND ORDER

Respondents.

KEVIN MCNULTY. U.S.D.J.
Petitioner, Sanzida Aktar. was, when she filed this proceeding by way of counsel, an
immigration detainee being held at the Bergen County Jail, in Hackensack, New Jersey. Her
habeas petition sought to stay her removal pending a decision by the Board of Immigration
Appeals as to a motion to reopen her immigration proceedings. On November 2, 2017, the Court
issued an Order to Show Cause that included a provision ordering that “pending further order of
this Court any transfer of Petitioner outside of the District of New Jersey, including transporting
Petitioner to any airport is hereby stayed.” (ECF No. 2.) The Court’s November 13, 2017 Order
confirmed that the stay would remain in effect pending a decision. (ECF No. 8.)
On December21, 2017, Ms. Aktar’s counsel submitted a letter to the Court requesting
dismissal of the proceeding as moot. (ECF No. 18.) She indicated that there was no present plan
to remove Ms. Aktar and that should would proceed to seek a stay of removal from the Court of
Appeals for the Eleventh Circuit. (Id.) Respondents confirmed their consent to the dismissal by
way of a January 29, 2018 letter. (ECF No. 19.)
Accordingly, IT IS thisk.)lJiof January 2018

ORDERED that the petition for writ of habeas corpus is dismissed under Federal Rule of
Civil Procedure 41(a)(2) and upon consent of the parties; and it is further
ORDERED that the stay previously ordered by this Court is hereby terminated; and it is
further
ORDERED that the Clerk shall mark this case as closed.

KE IN MCNULTY
United States District Judge

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