Nerayo v. Barr

1 The Honorable Richard A. Jones The Honorable Michelle L. Peterson UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 AWET HAILE NERAYO, No. C19-1540-RAJ-MLP 11 Petitioner, JOINT STIPULATION AND ORDER v. CONSENTING TO MAGISTRATE 13 JUDGE AND DISMISSING HABEAS WILLIAM BARR, et. al., PETITION Respondents. NOTE ON MOTION CALENDAR: 15 Today 17 COMES NOW Respondents, by and through their counsel, Brian T. Moran, United States Attorney for the Western District of Washington, and Kristin B. Johnson, Assistant United States Attorney for said District, and Petitioner, by and through his counsel Gregory Murphy, and hereby jointly stipulate and agree as follows: WHEREAS on September 26, 2019, Petitioner filed a habeas petition challenging his continued immigration detention. Dkt. No. 1.

24 WHEREAS on October 29, 2019, Petitioner was released from custody on an order of supervision. See Dkt. No. 7, Exhibit A.

WHEREAS the parties agree that Petitioner’s release rendered the habeas petition moot.

See Abdala v. Immigration and Naturalization Service, 488 F.3d 1061, 1065 (9th Cir. 2007).

1 WHEREAS the parties agree that this action should be dismissed as moot without fees or costs to either party.

WHEREAS the parties consent to proceed before the assigned Magistrate Judge under 28 U.S.C. § 636(c).

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: 1. Petitioner’s habeas petition is hereby denied and dismissed as moot without fees or costs to either party.

11 SO STIPULATED.

DATED this 12th day of December, 2019.

BRIAN T. MORAN United States Attorney /s Kristin B. Johnson KRISTIN B. JOHNSON WSBA #28189 Assistant United States Attorney Stewart Street, Suite 5220 Seattle, WA 98101-1271 Telephone No. (206) 553-7970 Fax No. (206) 553-4073 E-mail [email protected] Attorney for Respondents

1 SO STIPULATED.

2 DATED this 12th day of December, 2019. /s Gregory Murphy GREGORY MURPHY, WSBA # Assistant Federal Public Defender 1331 Broadway #400 Tacoma, Washington 98402 (253) 593-6710 Attorney for Petitioner 11 ORDER IT IS SO ORDERED.

DATED this 13th day of December, 2019.

16 A 17 MICHELLE L. PETERSON United States Magistrate Judge

CERTIFICATE OF SERVICE 3 The undersigned hereby certifies that she is an employee in the Office of the United States Attorney for the Western District of Washington and is a person of such age and discretion as to be competent to serve papers.

It is further certified that on December 12, 2019, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following CM/ECF participant(s): 10 Gregory Murphy Email: [email protected] 11 I further certify that on December 12, 2019, I mailed via the United States Postal Service, first class postage prepaid, the foregoing document to the following non-CM/ECF participant(s), addressed as follows: -0- Dated this 12th day of December, 2019. s/ Melissa Eldredge 18 Melissa Eldredge, Legal Assistant United States Attorney’s Office Stewart Street, Suite 5220 20 Seattle, Washington 98101-1271 Phone: 206-553-7699 21 Fax: 206-553-4067 E-mail: [email protected]