Guo v. Garland et al

Filing 11

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)

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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 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 YONG GUO, No. 2:21-cv-00942-RSM-BAT 12 13 14 15 16 17 18 19 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. 20 21 COMES NOW Respondents, by and through their counsel, Tessa M. Gorman, Acting 22 United States Attorney for the Western District of Washington, and Katie Fairchild, Assistant 23 United States Attorney for said District, and Petitioner, by and through his counsel Assistant 24 Federal Public Defender Sara Brin, and hereby jointly stipulate and agree as follows: 25 26 27 28 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 1 2 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. 3 4 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). 5 6 WHEREAS the parties agree that this action should be dismissed as moot without fees or costs to either party. 7 8 WHEREAS the parties agree that the pending Motion to Dismiss should be denied as moot. 9 10 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: 11 1. Petitioner’s habeas petition is hereby denied and dismissed as moot without fees or costs to either party. 12 2. Respondents’ Motion to Dismiss is denied as moot. 13 14 SO STIPULATED. 15 16 17 DATED this 8th day of September, 2021. TESSA M. GORMAN Acting United States Attorney 18 19 23 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 24 Attorneys for Respondents 20 21 22 25 26 27 28 // // 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 1 2 SO STIPULATED. DATED this 8th day of September, 2021. 3 4 5 6 7 8 9 10 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 ORDER IT IS SO ORDERED. 3 4 DATED this 8th day of September, 2021. 5 6 A 7 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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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