Olivere v. Garland

Judge John H. Chun Magistrate Judge Theresa L. Fricke

5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 6 AT SEATTLE KEVON OLIVERE, ) NO. C23-215-JHC-TLF ) Petitioner, ) ) v. ) STIPULATED DISMISSAL OF ) PETITION FOR WRIT OF HABEAS MERRICK GARLAND, Attorney General ) CORPUS UNDER FED. R. CIV. P. ) 41(a)(1)(A)(ii) of the United States; ALEJANDRO ) MAYORKAS, Secretary, United States ) Department of Homeland Security; ) NATHALIE ASHER, Seattle Field Office ) Director, United States Citizenship and ) ) Immigration Services; WARDEN of ) Immigration Detention Facility; and the ) U.S. Immigration and Customs ) Enforcement, ) 17 ) ) Respondents.

19 Comes now, Petitioner Kevon Olivere, through Assistant Federal Public Defender Gregory Murphy, United States Attorney Nicholas Brown and Assistant United States Attorney Michelle R. Lambert, jointly stipulate and agree as follows: 22 WHEREAS on February 17, 2023, Kevon Olivere, Petitioner, filed a habeas petition challenging his continued immigration detention. Dkt. No. 1.

24 WHEREAS Kevon Olivere, Petitioner, was released from custody on an order of supervision on February 22, 2023.

26 FEDERAL PUBLIC DEFENDER STIPULATED DISMISSAL OF PETITION 1601 Fifth Avenue, Suite 700 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).

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

6 WHEREAS 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: 9 1. Petitioner’s petition is hereby denied and dismissed as moot without fees or costs to either party.

11 SO STIPULATED DATED this 27th day of February, 2023.

13 Respectfully submitted, NICHOLAS BROWN United States Attorney s/ Michelle R. Lambert s/ Gregory Murphy Michelle Lambert, WSBA No. Gregory Murphy, WSBA No. 36733 Assistant United States Attorney Assistant Federal Public Defender Western District of Washington 1601 Fifth Avenue, Suite 700 United States Attorney’s Office Seattle, WA 98101 700 Stewart Street, Suite 5220 Phone: 206-553-1100 Seattle, Washington 98101-1271 E-mail: [email protected] Phone: 253-428-3824 E-mail: [email protected] Attorney for Petitioner Attorneys for Respondents

26 FEDERAL PUBLIC DEFENDER STIPULATED DISMISSAL OF PETITION 1601 Fifth Avenue, Suite 700 ORDER It is hereby ORDERED that this case is dismissed without prejudice and without an award of fees and costs to either party.

Dated this 27th day of February 2023.

6 _A__________________________________ 7 JOHN H. CHUN UNITED STATES DISTRICT JUDGE Recommended for entry this ___ day of ________, 2023. __________________________________ THERESA L. FRICKE UNITED STATES MAGISTRATE JUDGE Presented by: /s/ Gregory Murphy Assistant Federal Public Defender Attorney for Petitioner /s/ Michelle Lambert Assistant United States Attorney Attorney for Respondents 26 FEDERAL PUBLIC DEFENDER STIPULATED DISMISSAL OF PETITION 1601 Fifth Avenue, Suite 700