Flores Mejia v. Garland

• Court: District Court, W.D. Washington
• Decided: August 16, 2022
• Docket: 2:22-cv-00740
• Status: Unknown

Opinion

District Judge David G. Estudillo 1 Magistrate Judge Michelle L. Peterson 2

8 UNITED STATES DISTRICT COURT 9 WESTERN DISTRICT OF WASHINGTON 10 AT SEATTLE

11 JUAN CARLOS FLORES MEJIA, Case No. 2:22-cv-00740-MLP

12 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 16

17 The parties, by and through their respective counsel, hereby jointly stipulate and agree 18 as follows: 19 WHEREAS on May 31, 2022, Petitioner filed a habeas petition challenging his 20 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 23 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 27 or costs to either party. 1 WHEREAS the parties agree that the pending Motion to Dismiss should be denied as 2 moot. 3 WHEREAS the parties consent to proceed before the assigned Magistrate Judge under 4 28 U.S.C. § 636(c). 5 NOW THEREFORE, the parties, through their respective counsel of record, do hereby 6 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. 8 2. Respondent’s Motion to Dismiss is denied as moot. 9

10 SO STIPULATED. 11 DATED this 5th day of August 5, 2022. 12 NICHOLAS W. BROWN 13 United States Attorney 14

15 s/ Nickolas Bohl NICKOLAS BOHL WSBA #48978 16 Assistant United States Attorney 700 Stewart Street, Suite 5220 17 Seattle, WA 98101-1271 18 Telephone: (206) 553-7970 Fax: (206) 553-4067 19 E-mail: nickolas.bohl@usdoj.gov

20 Attorneys for Respondents

21 s/ Gregory Murphy 22 GREGORY MURPHY, WSBA # 36733 Assistant Federal Public Defender 23 Federal Public Defender’s Office 1601 Fifth Avenue, Suite 700 24 Seattle, Washington 98101 25 Telephone: (206) 553-1100 Email: Gregory_Murphy@fd.org 26 Attorney for Petitioner 27 1 ORDER 2 IT IS SO ORDERED.

3 4 DATED this 16th day of August, 2022. 5 6 A 7 MICHELLE L. PETERSON 8 United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27