Guo v. Garland

The Honorable Ricardo S. Martinez The Honorable Brian A. Tsuchida

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 10 AT SEATTLE YONG GUO, No. 2:21-cv-00942-RSM-BAT Petitioner, 13 JOINT STIPULATION AND ORDER v. DISMISSING HABEAS PETITION MERRICK GARLAND, Attorney General; NOTE ON MOTION CALENDAR: ALEJANDRO MAYORKAS, Secretary of September 8, 2021.

Homeland Security; NATALIE ASHER, Seattle Field Office Director, U.S. Immigration and Customs Enforcement; WARDEN of Immigration Detention Facility; and the U.S. Immigration and Customs Enforcement, 19 Respondents.

21 COMES NOW Respondents, by and through their counsel, Tessa M. Gorman, Acting United States Attorney for the Western District of Washington, and Katie Fairchild, Assistant United States Attorney for said District, and Petitioner, by and through his counsel Assistant Federal Public Defender Sara Brin, and hereby jointly stipulate and agree as follows: 25 WHEREAS on July 15, 2021, Petitioner filed a habeas petition challenging his continued immigration detention. Dkt. No. 1.

27 WHEREAS on August 20, 2021, Respondents filed a Motion to Dismiss. Dkt No. 8.

1 WHEREAS on August 12, 2021, Petitioner was removed from the United States and released from custody. See Dkt. No. 9, Fairchild Decl., ¶ 2, Ex. A.

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

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

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

7 WHEREAS the parties agree that the pending Motion to Dismiss should be denied as moot.

9 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.

2. Respondents’ Motion to Dismiss is denied as moot.

SO STIPULATED.

DATED this 8th day of September, 2021.

TESSA M. GORMAN Acting United States Attorney 19 s/ Katie D. Fairchild KATIE D. FAIRCHILD WSBA #47712 Assistant United States Attorney Stewart Street, Suite 5220 Seattle, WA 98101-1271 Telephone: (206) 553-7970 Fax: (206) 553-4067 E-mail: [email protected] Attorneys for Respondents // // SO STIPULATED.

DATED this 8th day of September, 2021.

s/ Sara Brin SARA BRIN, WSBA # 52476 Assistant Federal Public Defender Federal Public Defender’s Office 1601 Fifth Avenue, Suite 700 Seattle, Washington 98101 Telephone: (206) 553-1100 Email: [email protected] Attorney for Petitioner 1 ORDER 2 IT IS SO ORDERED.

4 DATED this 8th day of September, 2021.

A 8 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE