United States District Court, N.D. California
February 24, 2004.
SILVIA CONTRERAS, Petitioner,
TOM RIDGE, Secretary of the Department of Homeland Security, Respondent
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
STIPULATION TO DISMISS HABEAS PETITION; AND [PROPOSED]
Petitioner, by and through her attorney of record, and respondent, by
and through his attorney of record, hereby stipulate, subject to the
approval of the Court, to dismissal of the petition for writ of habeas
corpus. The respondent will not remove the petitioner from the United
States or take her into custody prior to June 1, 2004, or when the
Vermont Service Center adjudicates the petitioner's 1-360 self-petition
under the Violence Against Women Act, whichever occurs first. The
respondent further agrees to provide the Vermont Service Center with the
petitioner's A-File within 14 days from the date of this stipulation.
During the period of this stay, the Order of Supervision, dated December
20, 1999, will remain in effect. The petitioner will report for her
prompt removal from the United States as directed by the United States
Immigration and Customs Enforcement (ICE) upon reasonable notice if and
when the Vermont Service Center
denies her 1-360 self-petition, or if the Vermont Service Center
does not adjudicate her 1-360 self-petition prior to June 1, 2004, the
petitioner will report for her prompt removal from the United States as
directed by the ICE upon reasonable notice, at any time on or after June
1, 2004. The petitioner will not request any further stay of removal to
pursue any appeals or petitions for review from, or other challenges to,
the Vermont Service Center's decision or any other action taken by the
ICE or the United States Citizenship and Immigration Service related to
the petitioner's immigration status or removal from the United States.
The parties agree to bear their own attorney's fees and costs with
respect to this proceeding.
Pursuant to stipulation, IT IS SO ORDERED.
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