Mercado-Guillen v. Nielsen

• Court: District Court, N.D. California
• Decided: September 20, 2023
• Docket: 4:18-cv-00727-HSG
• Status: Unknown

Opinion

1 KEVIN M. CRABTREE (SBN 238162) kevin@fuerzalawyers.com 2 FUERZA IMMIGRATION LAWYERS LLP 428 13th Street, 6th Floor 3 Oakland, CA 94612 4 Tel. 510-834-1288 Fax 510-834-0431 5 Attorney for Petitioner 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 9 10 11 RICARDO MERCADO-GUILLEN, No. 18-cv-00727-HSG 12 Petitioner, 13 vs. JOINT MOTION TO DISMISS 14 ACTION WITHOUT PREJUDICE ALEJANDRO MAYORKAS, Secretary of PURSUANT TO FEDERAL RULE OF 15 Homeland Security, et al., CIVIL PROCEDURE 41(a)(2) ; ORDER 16 Respondents (Official Capacities). 17 Detention Status: Non-Detained 18 1. Petitioner Ricardo Mercado Guillen (“Mr. Mercado”) and Federal Respondents 19 20 move the Court to dismiss this petition for habeas corpus without prejudice pursuant to 21 Federal Rule of Civil Procedure 41(a)(2). Respondent Contra Costa County Sheriff filed a 22 non-opposition to the habeas petition, stating he takes no position on the petition, and that 23 he would not appear in this matter unless ordered by the Court. See ECF No. 14. 24 2. The Court granted the petition on April 19, 2018, finding it directly controlled 25 26 by Diouf v. Napolitano (“Diouf II”), 634 F.3d 1081, 1085 (9th Cir. 2011), abrogated by 27 Johnson v. Arteaga-Martinez, 142 S. Ct. 1827 (2022). 28 1 2 3. Federal Respondents timely appealed the Court’s order to the Ninth Circuit. 3 The parties agreed to hold the matter in abeyance due to parallel litigation involving the 4 question at issue in this matter. Ultimately, Petitioner and Federal Respondents jointly 5 moved the Ninth Circuit to vacate and remand the Court’s order because of the Supreme 6 Court’s intervening decision in Arteaga-Martinez. 7 8 4. The Ninth Circuit granted the motion on July 26, 2023, vacated this Court’s 9 order, and remanded for further proceedings. The mandate issued on September 18, 2023. 10 5. Petitioner and Federal Respondents now move for dismissal of this action 11 without prejudice. 12 6. Immigration and Customs Enforcement (“ICE”) has agreed not to re-arrest 13 14 Petitioner unless there is a change in circumstances.. 15 7. The parties have further agreed that each party will bear its own costs and fees 16 in this litigation, and Petitioner will not seek attorneys’ fees pursuant to the Equal Access to 17 Justice Act, 28 U.S.C. § 2412, or any other provision of law. 18 8. In light of the foregoing, the parties request the Court dismiss this petition 19 20 without prejudice. 21 Dated: September 19, 2023 22 Respectfully submitted, 23 FUERZA IMMIGRATION LAWYERS LLP 24 /s/ Kevin M. Crabtree 25 __________________________________ 26 KEVIN M. CRABTREE (SBN 238162) kevin@fuerzalawyers.com 27 FUERZA IMMIGRATION LAWYERS LLP 428 13th Street, 6th Floor 28 Mercado-Guillen v. 1 2 Oakland, CA 94612 Tel. 510-834-1288 3 Fax 510-834-0431 4 Attorney for Petitioner 5 ISMAIL J. RAMSEY 6 United States Attorney /s/ Adrienne Zack! 8 ADRIENNE ZACK Assistant United States Attorney 9 10 Attorneys for Federal Respondents 1] ORDER 12 Having considered Petitioner and Federal Respondents’ joint motion for dismissal, and 13 in light of Respondent Sheriff of Contra Costa County’s statement he takes no position in this 14 matter, this action is dismissed without prejudice. 15 16 SO ORDERED. 17

19 HAYWOOD S. GILLIAM, JR. United States District Judge 20 21 22 23 24 25 26 27 28 ' Petitioner’s counsel has received the permission of Federal Respondents’ counsel to attach her electronic signature. ercado-Guillen v. ayorkas, et al. 18-cv-00727-HSG Joint Motion to Dismiss Without Prejudice