Guo v. Garland et al
Filing
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JOINT STIPULATION AND ORDER DISMISSING HABEAS PETITION re Parties' #10 Stipulated Motion. Petitioner's habeas petition is hereby denied and dismissed as moot without fees orcosts to either party. Respondents' #8 Motion to Dismiss is denied as moot. Signed by Judge Ricardo S. Martinez.(PM)
Case 2:21-cv-00942-RSM-BAT Document 11 Filed 09/08/21 Page 1 of 4
The Honorable Ricardo S. Martinez
The Honorable Brian A. Tsuchida
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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YONG GUO,
No. 2:21-cv-00942-RSM-BAT
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Petitioner,
JOINT STIPULATION AND ORDER
DISMISSING HABEAS PETITION
v.
MERRICK GARLAND, Attorney General;
ALEJANDRO MAYORKAS, Secretary of
Homeland Security; NATALIE ASHER, Seattle
Field Office Director, U.S. Immigration and
Customs Enforcement; WARDEN of Immigration
Detention Facility; and the U.S. Immigration and
Customs Enforcement,
NOTE ON MOTION CALENDAR:
September 8, 2021.
Respondents.
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COMES NOW Respondents, by and through their counsel, Tessa M. Gorman, Acting
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United States Attorney for the Western District of Washington, and Katie Fairchild, Assistant
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United States Attorney for said District, and Petitioner, by and through his counsel Assistant
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Federal Public Defender Sara Brin, and hereby jointly stipulate and agree as follows:
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WHEREAS on July 15, 2021, Petitioner filed a habeas petition challenging his
continued immigration detention. Dkt. No. 1.
WHEREAS on August 20, 2021, Respondents filed a Motion to Dismiss. Dkt No. 8.
JOINT STIPULATION AND ORDER
DISMISSING HABEAS PETITION
2:21-cv-00942-RSM-BAT - 1
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101-1271
(206) 553-7970
Case 2:21-cv-00942-RSM-BAT Document 11 Filed 09/08/21 Page 2 of 4
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WHEREAS on August 12, 2021, Petitioner was removed from the United States and
released from custody. See Dkt. No. 9, Fairchild Decl., ¶ 2, Ex. A.
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WHEREAS the parties agree that Petitioner’s release renders the habeas petition moot.
See Abdala v. Immigration and Naturalization Service, 488 F.3d 1061, 1065 (9th Cir. 2007).
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WHEREAS the parties agree that this action should be dismissed as moot without fees
or costs to either party.
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WHEREAS the parties agree that the pending Motion to Dismiss should be denied as
moot.
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NOW THEREFORE, the parties, through their respective counsel of record, do hereby
stipulate and agree, and respectfully request, that the Court make and enter the following order:
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1. Petitioner’s habeas petition is hereby denied and dismissed as moot without fees or
costs to either party.
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2. Respondents’ Motion to Dismiss is denied as moot.
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SO STIPULATED.
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DATED this 8th day of September, 2021.
TESSA M. GORMAN
Acting United States Attorney
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s/ Katie D. Fairchild
KATIE D. FAIRCHILD WSBA #47712
Assistant United States Attorney
700 Stewart Street, Suite 5220
Seattle, WA 98101-1271
Telephone: (206) 553-7970
Fax: (206) 553-4067
E-mail: katie.fairchild@usdoj.gov
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Attorneys for Respondents
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//
//
JOINT STIPULATION AND ORDER
DISMISSING HABEAS PETITION
2:21-cv-00942-RSM-BAT - 2
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101-1271
(206) 553-7970
Case 2:21-cv-00942-RSM-BAT Document 11 Filed 09/08/21 Page 3 of 4
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SO STIPULATED.
DATED this 8th day of September, 2021.
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s/ Sara Brin
SARA BRIN, WSBA # 52476
Assistant Federal Public Defender
Federal Public Defender’s Office
1601 Fifth Avenue, Suite 700
Seattle, Washington 98101
Telephone: (206) 553-1100
Email: sara_brin@fd.org
Attorney for Petitioner
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JOINT STIPULATION AND ORDER
DISMISSING HABEAS PETITION
2:21-cv-00942-RSM-BAT - 3
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101-1271
(206) 553-7970
Case 2:21-cv-00942-RSM-BAT Document 11 Filed 09/08/21 Page 4 of 4
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ORDER
IT IS SO ORDERED.
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DATED this 8th day of September, 2021.
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A
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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
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JOINT STIPULATION AND ORDER
DISMISSING HABEAS PETITION
2:21-cv-00942-RSM-BAT - 4
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101-1271
(206) 553-7970
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