Li v. United States Department of Homeland Security

1 The Honorable Richard A. Jones The Honorable Michelle L. Peterson

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE KWOK FAI LI, No. C19-2015-RAJ-MLP 10 Petitioner, JOINT STIPULATION AND [proposed] 11 v. ORDER CONSENTING TO MAGISTRATE JUDGE AND 12 U.S. Dept. of Homeland Security, et. al., DISMISSING HABEAS PETITION 13 Respondents. NOTE ON MOTION CALENDAR: Today 15 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 William Frick, and hereby jointly stipulate and agree as follows: 19 WHEREAS on December 10, 2019, Petitioner filed a habeas petition challenging his continued immigration detention. Dkt. No. 1.

21 WHEREAS on January 13, 2020, Petitioner was removed from the United States.

1 WHEREAS the parties agree that Petitioner’s removal rendered the habeas petition moot. See Abdala v. Immigration and Naturalization Service, 488 F.3d 1061, 1065 (9th Cir. 2007).

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

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

8 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 11 costs to either party.

SO STIPULATED.

DATED this 24th day of January, 2020.

BRIAN T. MORAN United States Attorney /s Kristin B. Johnson KRISTIN B. JOHNSON WSBA #28189 Assistant United States Attorney 700 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 24th day of January, 2020.

4 /s William Frick WILLIAM FRICK, WSBA #26648 Law Office of Wiliam Frick Second Avenue, Suite 701 Seattle, Washington 98104 (206) 286-0167 Attorney for Petitioner

ORDER IT IS SO ORDERED.

DATED this 27th day of January, 2020.

A MICHELLE L. PETERSON 15 United States Magistrate Judge