Huang v. Barr

1 Chief Judge Ricardo S. Martinez Chief Magistrate Judge Brian S. Tsuchida UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE XING FENG HUANG, 11 No. C20-1687-RSM-BAT Petitioner, JOINT STIPULATION AND ORDER 13 v. CONSENTING TO MAGISTRATE JUDGE AND DISMISSING HABEAS 14 WILLIAM BARR, et. al., PETITION 15 Respondents. NOTE ON MOTION CALENDAR: Today 18 COMES NOW Respondents, by and through their counsel, Brian T. Moran, United States Attorney for the Western District of Washington, and Nickolas Bohl, Assistant United States Attorney for said District, and Petitioner, by and through his counsel Gregory Murphy, and hereby jointly stipulate and agree as follows: 22 WHEREAS on November 17, 2020, Petitioner filed a habeas petition challenging his continued immigration detention. Dkt. No. 1.

24 WHEREAS on November 25, 2020, Petitioner was released from custody on an order of supervision. Dkt. No. 8.

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).

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.

10 SO STIPULATED.

DATED this 4th day of December, 2020.

BRIAN T. MORAN United States Attorney s/ Nickolas Bohl NICKOLAS BOHL WSBA #48978 Assistant United States Attorney Stewart Street, Suite 5220 Seattle, WA 98101-1271 Telephone: (206) 553-7970 Fax: (206) 553-4067 E-mail: [email protected] Attorney for Respondents SO STIPULATED.

DATED this 4th day of December, 2020. s/ Gregory Murphy 5 GREGORY MURPHY, WSBA #36733 Assistant Federal Public Defender 6 Federal Public Defender’s Office 1601 Fifth Avenue, Suite 700 7 Seattle, Washington 98101 8 Phone: (206) 553-1100 Email: Gregory Murphy @fd.org 10 Attorney for Petitioner ORDER 14 IT IS SO ORDERED.

16 DATED this_ 47" dayof_Qecember _, 2020.

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