ORDER AND JUDGMENT OF DISMISSAL

MICHAEL M. ANELLO, District Judge.

Defendant Mario Abimael Ramirez-Patino is charged in a single-count Indictment with being a removed alien found in the United States, in violation of 8 U.S.C. § 1326(a). Defendant moves to dismiss the Indictment with prejudice pursuant to 8 U.S.C. § 1326(d), on the grounds that the current charge is predicated on an invalid order of removal. See Doc. No. 17. The government also moves to dismiss the Indictment — without prejudice — pursuant to Federal Rule of Criminal Procedure 48(a). See Doc. No. 20. The government indicates that "it cannot prosecute this case consistent" with its "legal obligations." Id. at 1.

Rule 48(a) provides that "[t]he government may, with leave of court, dismiss an indictment, information, or complaint." Fed. R. Crim. P. 48(a). The "leave of court" requirement does not abrogate the government's prosecutorial discretion. See United States v. Gonzalez, 58 F.3d 459, 461 (9th Cir. 1995) (holding that "the district court's discretion to deny [a prosecutor's request to dismiss under Rule 48(a)] is limited."). Therefore, "when the government requests a Rule 48(a) dismissal in good faith, the district court is duty bound to honor the request." United States v. Hayden. 860 F.2d 1483, 1487-88 (9th Cir. 1988). There is no suggestion here of bad faith on the part of the government. Accordingly, the Court GRANTS the government's motion and DISMISSES the Indictment against Defendant without prejudice. The Court DIRECTS the Clerk of Court to terminate all other pending motions, deadlines, and hearings.

IT IS SO ORDERED AND ADJUDGED.