Filed: Jan. 22, 2018
Latest Update: Jan. 22, 2018
Summary: REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA , Magistrate Judge . This is an immigration habeas action. On December 19, 2017, the Honorable Marsha J. Pechman entered an order temporarily staying Artemio Hernandez Rodriguez's removal and directing respondents to file a response to the habeas petition and motion for stay. Dkt. 5. The parties, however, have resolved the matter and filed a stipulated motion to dismiss and lift the temporary stay. Dkt. 9. Based on the parties' stipulation, the Co
Summary: REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA , Magistrate Judge . This is an immigration habeas action. On December 19, 2017, the Honorable Marsha J. Pechman entered an order temporarily staying Artemio Hernandez Rodriguez's removal and directing respondents to file a response to the habeas petition and motion for stay. Dkt. 5. The parties, however, have resolved the matter and filed a stipulated motion to dismiss and lift the temporary stay. Dkt. 9. Based on the parties' stipulation, the Cou..
More
REPORT AND RECOMMENDATION
BRIAN A. TSUCHIDA, Magistrate Judge.
This is an immigration habeas action. On December 19, 2017, the Honorable Marsha J. Pechman entered an order temporarily staying Artemio Hernandez Rodriguez's removal and directing respondents to file a response to the habeas petition and motion for stay. Dkt. 5. The parties, however, have resolved the matter and filed a stipulated motion to dismiss and lift the temporary stay. Dkt. 9. Based on the parties' stipulation, the Court recommends that the temporary stay of removal be VACATED and that this action be DISMISSED without prejudice and without costs or fees to either party. A proposed order is attached. The Clerk should note this matter as immediately ready for Judge Pechman's consideration.
ORDER OF DISMISSAL
Having reviewed the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, and the remaining record, the Court finds and ORDERS:
(1) The Court ADOPTS the Report and Recommendation.
(2) The parties' stipulated motion, Dkt. 9, is GRANTED.
(3) The temporary stay of removal, Dkt. 5, is VACATED.
(4) This action is DISMISSED without prejudice and without costs or fees to either party.
(5) The Clerk is directed to send copies of this Order to the parties and to Judge Tsuchida.
MARSHA J. PECHMAN
United States District Judge.
