Dhillon v. Garland

District Judge Robert S. Lasnik Magistrate Judge Michelle L. Peterson

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 10 AT SEATTLE SHIVDAYAL SINGH DHILLON, No. C21-878-MLP Petitioner, 13 JOINT STIPULATION AND ORDER v. CONSENTING TO MAGISTRATE 14 JUDGE AND DISMISSING HABEAS MERRICK GARLAND, Attorney General; PETITION ALEJANDRO MAYORKAS, Secretary of Homeland Security; NATHALIE ASHER, Seattle NOTE ON MOTION CALENDAR: Field Office Director, U.S. Immigration and October 4, 2021.

17 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 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: 25 WHEREAS on June 30, 2021, Petitioner filed a habeas petition challenging his continued immigration detention. Dkt. No. 5.

27 WHEREAS on July 30, 2021, Respondents filed a Motion to Dismiss. Dkt No. 8.

1 WHEREAS on September 29, 2021, Petitioner was removed from the United States to India on an order of removal.1 Counsel for Petitioner has separately confirmed the removal.

3 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).

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

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

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

12 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: 14 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 4th day of October, 2021.

TESSA M. GORMAN Acting United States Attorney 22 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] Counsel for Respondents has not yet received a copy of the paperwork confirming removal but will provide that Attorneys for Respondents SO STIPULATED.

DATED this 4th day of October, 2021.

s/ Gregory Murphy GREGORY MURPHY, WSBA # 36733 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 4th day of October, 2021.

A MICHELLE L. PETERSON 8 United States Magistrate Judge