Nerayo v. Barr ( 2019 )

1 The Honorable Richard A. Jones The Honorable Michelle L. Peterson 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 AWET HAILE NERAYO, No. C19-1540-RAJ-MLP 11 Petitioner, JOINT STIPULATION AND ORDER 12 v. CONSENTING TO MAGISTRATE 13 JUDGE AND DISMISSING HABEAS WILLIAM BARR, et. al., PETITION 14 Respondents. NOTE ON MOTION CALENDAR: 15 Today 16 17 COMES NOW Respondents, by and through their counsel, Brian T. Moran, United 18 States Attorney for the Western District of Washington, and Kristin B. Johnson, Assistant 19 United States Attorney for said District, and Petitioner, by and through his counsel Gregory 20 Murphy, and hereby jointly stipulate and agree as follows: 21 WHEREAS on September 26, 2019, Petitioner filed a habeas petition challenging his 22 23 continued immigration detention. Dkt. No. 1. 24 WHEREAS on October 29, 2019, Petitioner was released from custody on an order of 25 supervision. See Dkt. No. 7, Exhibit A. 26 WHEREAS the parties agree that Petitioner’s release rendered the habeas petition moot. 27 See Abdala v. Immigration and Naturalization Service, 488 F.3d 1061, 1065 (9th Cir. 2007). 28 1 WHEREAS the parties agree that this action should be dismissed as moot without fees 2 or costs to either party. 3 WHEREAS the parties consent to proceed before the assigned Magistrate Judge under 4 28 U.S.C. § 636(c). 5 NOW THEREFORE, the parties, through their respective counsel of record, do hereby 6 7 stipulate and agree, and respectfully request, that the Court make and enter the following order: 8 1. Petitioner’s habeas petition is hereby denied and dismissed as moot without fees or 9 costs to either party. 10 11 SO STIPULATED. 12 DATED this 12th day of December, 2019. 13 BRIAN T. MORAN 14 United States Attorney 15 /s Kristin B. Johnson 16 KRISTIN B. JOHNSON WSBA #28189 17 Assistant United States Attorney 700 Stewart Street, Suite 5220 18 Seattle, WA 98101-1271 Telephone No. (206) 553-7970 19 Fax No. (206) 553-4073 20 E-mail kristin.b.johnson@usdoj.gov Attorney for Respondents 21 22 23 24 25 26 27 28 1 SO STIPULATED. 2 DATED this 12th day of December, 2019. 3 4 /s Gregory Murphy 5 GREGORY MURPHY, WSBA # Assistant Federal Public Defender 6 1331 Broadway #400 7 Tacoma, Washington 98402 (253) 593-6710 8 Attorney for Petitioner 9 10 11 ORDER 12 IT IS SO ORDERED. 13 14 DATED this 13th day of December, 2019. 15 16 A 17 MICHELLE L. PETERSON United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 1 CERTIFICATE OF SERVICE 2 3 The undersigned hereby certifies that she is an employee in the Office of the United States 4 Attorney for the Western District of Washington and is a person of such age and discretion as to 5 be competent to serve papers. 6 It is further certified that on December 12, 2019, I electronically filed the foregoing 7 document with the Clerk of the Court using the CM/ECF system, which will send notification of 8 such filing to the following CM/ECF participant(s): 9 10 Gregory Murphy Email: Gregory_Murphy@fd.Org 11 I further certify that on December 12, 2019, I mailed via the United States Postal Service, 12 first class postage prepaid, the foregoing document to the following non-CM/ECF participant(s), 13 addressed as follows: 14 -0- 15 Dated this 12th day of December, 2019. 16 17 s/ Melissa Eldredge 18 Melissa Eldredge, Legal Assistant United States Attorney’s Office 19 700 Stewart Street, Suite 5220 20 Seattle, Washington 98101-1271 Phone: 206-553-7699 21 Fax: 206-553-4067 E-mail: melissa.eldredge@usdoj.gov 22 23 24 25 26 27 28