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Amalia Hernandez Perales v. Janet Napolitano

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 20, 2011

AMALIA HERNANDEZ PERALES,
PETITIONER,
v.
JANET NAPOLITANO, SECRETARY,
DEPARTMENT OF HOMELAND SECURITY;
TIMOTHY AIKEN, FIELD OFFICE DIRECTOR, IMMIGRATION AND CUSTOMS ENFORCEMENT; AND
ERIC HOLDER, JR., ATTORNEY GENERAL OF THE UNITED STATES, RESPONDENTS.

The opinion of the court was delivered by: Susan Illston United States District Judge

MELINDA HAAG United States Attorney JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney Chief, Civil Division ILA C. DEISS, NY SBN 3052909 Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7124 FAX: (415) 436-7169 7 ila.deiss@usdoj.gov Attorneys for Respondents

JOINT MOTION TO DISMISS; and [PROPOSED] ORDER

This immigration habeas petition has been stayed until the Ninth Circuit Court of Appeals 20 issued a final decision in Singh v. Napolitano, 619 F.3d 1101 (9th Cir. 2010).

On March 21, 2011, the Ninth Circuit denied the petition for panel rehearing and the petition 22 for rehearing en banc. On April 12, 2011, the appellate court denied the petitioner-appellant's 23 subsequent motion to stay the mandate. On May 3, 2011, the Mandate issued. Accordingly, the 24 holding in Singh stands, and the parties jointly move the Court to dismiss the habeas petition 25 without prejudice. The parties agree to continue the stay of removal for thirty (30) days from 26 dismissal, to allow Petitioner to file a motion to reopen the Board of Immigration Appeals and 27 seek a stay of removal.

Each party shall pay their own costs and fees.

Respectfully submitted,

[PROPOSED] ORDER

Pursuant to the joint motion of the parties, IT IS SO ORDERED. The stay of deportation will 14 expire in thirty (30) days from the date of this Order. The habeas petition is DISMISSED, without 15 prejudice. The parties shall bear their own costs and fees. The Clerk shall close the file. 16


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