Free Notice of Voluntary Dismissal - District Court of Connecticut - Connecticut

Case 3:02-cv-01922-RNC

Document 59

Filed 01/14/2008

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JOSUE AUGUSTE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Et Al. Respondents. : : : : : : CIV. NO. 3:02cv1922(RNC)

January 14, 2008

Joint Stipulation of Dismissal The parties to the above-captioned petition for review hereby stipulate and agree as follows: 1. The above-captioned matter is dismissed with

prejudice and without costs or attorney's fees to either party, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. 2. The March 27, 2003 decision of the Board of

Immigration Appeals ("BIA") that affirmed the October 30, 2002 decision of the Immigration Judge ("original decision") denying petitioner Josue Auguste's application for withholding of removal ("Withholding application") and ordering petitioner's removal to Haiti is vacated, and the matter is remanded to the BIA for the BIA, in turn, to remand the matter to the Immigration Judge for a new hearing, and reconsideration of petitioner's Withholding

application. 3. Nothing in this Stipulation of Dismissal shall be

construed as limiting: (a) the Immigration Judge's or the BIA's

Case 3:02-cv-01922-RNC

Document 59

Filed 01/14/2008

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authority

to

determine,

on

any

ground,

that

petitioner

is

ineligible for, or otherwise does not merit, the relief sought in his Withholding applications; or (b) petitioner's right to petition a court of appeals for review of any subsequent final order of deportation or removal issued by the BIA after the date on which this Stipulation and Order is entered by the Court.

Dated: January 14, 2008 ______ _ _ / s / _ _ _ _ _______________ Michael Boyle (ct13518) Law Offices of Michael Boyle 250 state Street, Unit C2 P.O. Box 335 North Haven, CT 06473 Dated: January 14, 2008 KEVIN J. O'CONNOR United States Attorney Attorney for Respondents By:_______/s/_________________________ DOUGLAS P. MORABITO (ct20962) Assistant United States Attorney 157 Church Street New Haven, Connecticut 06517 Tel.: (203) 821-3810 Douglas. [email protected] SO ORDERED: __________________________

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