Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00511-DMS-BLM

Document 10

Filed 06/02/2008

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KAREN P. HEWITT United States Attorney RAVEN M. NORRIS Assistant U.S. Attorney California State Bar No. 232868 CAROLINE J. CLARK Assistant U.S. Attorney California State Bar No. 220000 Office of the U.S. Attorney 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-7491 Facsimile: (619) 557-5004 E-mail: [email protected] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA SUI HUAN CAO, ) ) Petitioner, ) ) v. ) ) MICHAEL CHERTOFF, Secretary of the) Department of Homeland Security;) MICHAEL MUKASEY, Attorney General;) ROBIN F. BAKER, Director of San Diego) Field Office; U.S. Immigration and) Customs Enforcement; JOHN A.) GARZON, Officer-in-Charge, ) ) Respondents. ) __________________________________ ) Civil Case No. 08cv0511-DMS (BLM)

JOINT MOTION TO DISMISS WITHOUT PREJUDICE

COME NOW THE PARTIES, Petitioner Sui Huan Cao, by and through counsel, Janet C. Tung, and Defendants Michael Chertoff, et al., by and through their counsel, Karen P. Hewitt, United States Attorney, Raven M. Norris and Caroline J. Clark, Assistant United States Attorneys, and hereby jointly move the Court to dismiss this Petition for Writ of Habeas Corpus without prejudice. The parties have resolved the matters as Petitioner has been released from custody under an order of supervision. The Petition is now moot. The parties agreed that the above-captioned case would be dismissed without prejudice. The parties further agreed that each party will bear its own fees and costs of suit.

Case 3:08-cv-00511-DMS-BLM

Document 10

Filed 06/02/2008

Page 2 of 2

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Therefore, the parties respectfully request that the Court enter an order dismissing the Petition without prejudice.

DATED: June 2, 2008

s/ Janet C. Tung _______________________ JANET C. TUNG Attorney for Petitioner E-Mail: [email protected]

Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures of the United States District Court for the Southern District of California, I certify that the content of this document is acceptable to counsel for the Petitioner and that I have obtained authorization from Janet C. Tung to affix her electronic signature to this document.

DATED: June 2, 2008

KAREN P. HEWITT United States Attorney RAVEN M. NORRIS Assistant United States Attorney s/ Caroline J. Clark CAROLINE J. CLARK Assistant United States Attorney Attorneys for Respondents E-Mail: [email protected]

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08cv0511