Flores Mejia v. Garland

District Judge David G. Estudillo Magistrate Judge Michelle L. Peterson

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 10 AT SEATTLE JUAN CARLOS FLORES MEJIA, Case No. 2:22-cv-00740-MLP Petitioner, JOINT STIPULATION AND ORDER 13 CONSENTING TO MAGISTRATE v. JUDGE AND DISMISSING HABEAS 14 PETITION MERRICK GARLAND, et al., 15 NOTE ON MOTION CALENDAR: Respondents. August 5, 2022 17 The parties, by and through their respective counsel, hereby jointly stipulate and agree as follows: 19 WHEREAS on May 31, 2022, Petitioner filed a habeas petition challenging his continued immigration detention. Dkt. No. 1.

21 WHEREAS on July 7, 2022, Respondents filed a Motion to Dismiss. Dkt. No. 8.

22 WHEREAS on August 5, 2022, Petitioner was released from custody on an order of supervision. Dkt. No. 13, Supp. Bohl Decl., ¶ 2, Ex. F.

24 WHEREAS the parties agree that Petitioner’s release rendered the habeas petition moot.

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

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

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

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

5 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: 7 1. Petitioner’s habeas petition is hereby denied and dismissed as moot without fees or costs to either party.

2. Respondent’s Motion to Dismiss is denied as moot.

SO STIPULATED.

DATED this 5th day of August 5, 2022.

NICHOLAS W. BROWN 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] Attorneys for Respondents 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 16th day of August, 2022.

A MICHELLE L. PETERSON 8 United States Magistrate Judge