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Garcia-Ambrocio v. Nielsen, 4:17-cv-07087-KAW. (2018)

Court: District Court, N.D. California Number: infdco20180330927 Visitors: 15
Filed: Mar. 28, 2018
Latest Update: Mar. 28, 2018
Summary: STIPULATION; [PROPOSED] ORDER AS MODIFIED KANDIS A. WESTMORE , Magistrate Judge . On February 26, 2018, Petitioner had a new bond hearing and an immigration judge ordered Petitioner's release upon payment of a $2,500 bond and ordered ICE to consider her for the Intensive Supervision and Appearance Program (ISAP), a movement restriction and electronic monitoring program. That same day, Petitioner's family paid the bond and Petitioner was released from detention. ICE has reserved appeal
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STIPULATION; [PROPOSED] ORDER AS MODIFIED

On February 26, 2018, Petitioner had a new bond hearing and an immigration judge ordered Petitioner's release upon payment of a $2,500 bond and ordered ICE to consider her for the Intensive Supervision and Appearance Program (ISAP), a movement restriction and electronic monitoring program. That same day, Petitioner's family paid the bond and Petitioner was released from detention. ICE has reserved appeal of the immigration judge's decision and has until March 28, 2018, to file an appeal to the Board of Immigration Appeals of the immigration judge's decision granting bond.

After consultation between the Parties, subject to the court's approval, Petitioner and Federal Respondents Kirstjen Nielsen, Jefferson B. Sessions III, and David W. Jennings, through their undersigned counsel of record, HEREBY STIPULATE to the following:

1. Non-federal Respondent David Livingston filed a statement of non-opposition to the Petition on January 26, 2018. 2. On February 26, 2018, the immigration judge granted the Petitioner a $2,500 bond. The Federal Respondents agree not to seek further review of the immigration judge's February 26, 2018 order. ICE has determined it will not appeal the immigration judge's February 26, 2018 order, and the immigration judge's order shall become final when the appeal period expires on March 28, 2018." 3. In exchange for ICE's aforementioned agreement, Petitioner voluntarily withdraws the instant habeas petition. 4. The parties agree that the dismissal of Petitioner's habeas petition is without prejudice.

IT IS SO STIPULATED.

[PROPOSED] ORDER AS MODIFIED and dismissed

Pursuant to the stipulation, Petitioner's habeas petition is ordered withdrawn without/ prejudice.

Source:  Leagle

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