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LEON v. CHERTOFF

United States District Court, N.D. California


October 21, 2005.

ISRAEL P. LEON, Petitioner,
v.
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 Habeas Corpus.

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.

20051021

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