Le v. Youngblood et al

Filing 19

STIPULATION and ORDER to DISMISS 1 Petition for Writ of Habeas Corpus as MOOT; NO CERTIFICATE OF APPEALABILITY REQUIRED signed by Magistrate Judge Jennifer L. Thurston on 6/10/2011. CASE CLOSED. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NGUYEN LE, Petitioner, 12 v. 13 14 Janet Napolitano, Secretary of Homeland Security, et al. 15 Respondents. 16 ) ) ) ) ) ) ) ) ) ) ) 1:11-cv-00668-JLT HC STIPULATION TO DISMISS PETITION AS MOOT ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS (Doc. 1) NO CERTIFICATE OF APPEALABILITY IS REQUIRED 17 18 19 Petitioner is detained by the United States Bureau of Immigration and Customs Enforcement 20 (“ICE”) and is proceeding through counsel with a Petition for a Writ of Habeas Corpus pursuant 21 to 28 U.S.C. § 2241. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -1- 1 In this immigration case, Petitioner challenges the length of his detention by Immigration and 2 Customs Enforcement (“ICE”). On June 2, 2011, Petitioner was released from ICE custody on 3 an Order of Supervision. Accordingly, the parties have stipulated to dismissal of this action as 4 moot. 5 Dated: June 6, 2011 BENJAMIN B. WAGNER United States Attorney 6 7 By: /s/Audrey Hemesath Audrey B. Hemesath Assistant U.S. Attorney Attorneys for the Respondents By: 8 /s/ Michael Vu Michael Vu Attorney for the Petitioner 9 10 11 12 13 14 ORDER 15 Pursuant to this Joint Stipulation and for the reasons stated therein, IT IS HEREBY 16 ORDERED as follows: 17 1. The petition for writ of habeas corpus (Doc. 1), is DISMISSED as MOOT; 18 2. The Clerk of the Court is instructed to enter judgment and close the case; and, 19 3. No certificate of appealability is required. 20 21 22 IT IS SO ORDERED. 23 24 Dated: June 10, 2011 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?