Chrun v. Garland

1 The Honorable Ricardo S. Martinez The Honorable Brian A. Tsuchida UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 VIRITH CHRUN, No. C21-00706-RSM-BAT 11 Petitioner, JOINT STIPULATION AND ORDER v. CONSENTING TO MAGISTRATE 13 JUDGE AND DISMISSING HABEAS MERRICK B. GARLAND, et al., PETITION Respondents. NOTE ON MOTION CALENDAR: 15 Today 18 COME NOW Respondents, by and through their counsel, Tessa M. Gorman, Acting 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 May 28, 2021, Petitioner filed a habeas petition challenging his continued immigration detention. Dkt. No. 1.

25 WHEREAS on May 28, 2021, Petitioner was released from custody on an Order of Supervision. // 1 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).

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).

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

SO STIPULATED.

DATED this 15th day of June, 2021.

TESSA M. GORMAN Acting United States Attorney 18 /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) 553-4067 E-mail [email protected] Attorney for Respondents

1 SO STIPULATED.

DATED this 15th day of June, 2021.

4 /s Gregory Murphy GREGORY MURPHY, WSBA #36733 5 Assistant Federal Public Defender 6 1331 Broadway #400 Tacoma, Washington 98402 7 Telephone No. (253) 593-6710 Attorney for Petitioner ORDER 12 ere 13 IT IS SO ORDERED.

15 DATED this }O** dayor June 2021.

19 TT BRIAN A. TSUCHIDA 20 United States Magistrate Judge JOINT STIPULATION AND ORDER UNITED STATES ATTORNEY CONSENTING TO MAGISTRATE JUDGE AND 700 Stewart Street, Suite 5220 NYIQAATO ONG: PIARE AQ DETTTIMON. Qaattla Wachinatan 028101 1971