United States District Court, N.D. California
October 21, 2005.
ISRAEL P. LEON, Petitioner,
MICHAEL CHERTOFF, in his Official Capacity, Secretary, Department of Homeland Security; ALBERTO GONZALES, in his Official Capacity, Attorney General, Department of Justice; And NANCY ALCANTAR, Field Office Director, San Francisco, CALIFORNIA, United States Bureau of Immigration and Customs Enforcement, Respondents.
The opinion of the court was delivered by: THELTON HENDERSON, Senior District Judge
Voluntary Dismissal or Withdrawal of Petition for Writ of
The grounds for the instant Petition for Writ of Habeas Corpus
have been rendered moot by the issuance of an Emergency Stay, by
the Board of Immigration Appeals and pursuant to
8 C.F.R. 1003.19(i)(2), of the Immigration Judge's Order permitting the
release of Petitioner on bond.
Therefore, Petitioner, Mr. Leon, through his counsel, hereby
submits this request for withdrawal of the Petition and dismissal
of the Court's Order to Show Cause. Petitioner notes that there
may be other and related issues of substantive and due process
regarding his custody by the Department of Homeland Security, and
respectfully requests that the dismissal be without prejudice to
any future and distinct Petition(s) for the Writ of Habeas Corpus
related to this custody.
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