Patel v. United States Department of Homeland Security

1 District Judge Barbara J. Rothstein Magistrate Judge Michelle L. Peterson 9 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 10 AT SEATTLE JAIMIN JITENDRAKUMAR PATEL, CASE NO. 20-cv-145-BJR-MLP 14 Petitioner, STIPULATED ORDER FOR 15 v. DISMISSAL U.S. DEPARTMENT OF HOMELAND SECURITY, et al., Respondents.

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), all parties, through their undersigned counsel and respective attorneys of record, now hereby stipulate to the voluntary dismissal of the above-captioned action with prejudice due to lack of subject matter jurisdiction based on the Supreme Court’s decision in Dep't of Homeland Sec. v. Thuraissigiam, No. 19-161, --- S.Ct. ----, 2020 WL 3454809 (U.S. June 25, 2020), with each party to bear their own fees or costs. The parties also agree that the temporary stay of removal (Dkt. No. 3) be vacated. // // // 3 Respectfully submitted, 4 DATED this 8th day of July, 2020. /s/ Jennifer Lesmez JENNIFER LESMEZ, WSBA #34547 8 Law Offices of Jennifer Lesmez P.O. Box 1797 Allyn, WA 98524 10 Phone: 509-424-8697 Email: [email protected] Attorney for Petitioner 15 BRIAN T. MORAN 16 United States Attorney 17 /s/ Matt Waldrop 18 MATT WALDROP, Georgia Bar #349571 Assistant United States Attorney United States 19 Attorney’s Office 20 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 21 Phone: 206-553-7970 22 Fax: 206-553-4067 Email: [email protected] 23 Attorneys for Respondents 1 ORDER 2 IT IS HEREBY ORDERED that the Parties’ Stipulation and Order for Dismissal is GRANTED and the temporary stay of removal is VACATED. The case is dismissed with prejudice due to lack of subject matter jurisdiction based on the Supreme Court’s holding in Dep't of Homeland Sec. v. Thuraissigiam, No. 19-161, --- S.Ct. ----, 2020 WL 6 3454809 (U.S. June 25, 2020).

7 SO ORDERED.

DATED this 9th day of July, 2020. ________________________________________ DISTRICT JUDGE BARBARA J. ROTHSTEIN 12 UNITED STATES DISTRICT COURT