Opinion
4:18-cv-00413-JST
05-13-2024
FLORICEL LIBORIO RAMOS, Petitioner, v. MERRICK B. GARLAND, U.S. Attorney General, et al., Respondents Official Capacities.
JOINT MOTION TO DISMISS WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41 (a) (2) AND [PROPOSED] ORDER
JON S. TIGAR UNITED STATES DISTRICT JUDGE
1. Petitioner Floricel Liborio Ramos “Ms. Liborio Ramos” and Federal Respondents jointly move to dismiss this petition for habeas corpus without prejudice pursuant to Federal Rule of Civil Procedure 41a2.
2. The Court granted the habeas petition, in part, on February 15, 2018. Dkt. No. 19. On March 13, 2018, the court granted Petitioner's Motion to Enforce Judgment. Dkt. No. 28.
3. Federal Respondents appealed to the Ninth Circuit. The Ninth Circuit granted Federal Respondents' unopposed motion to hold the appeal in abeyance pending parallel litigation involving the statutory right to a bond hearing for individuals detained under 8 U.S.C. § 1231a6. Ultimately, after the Supreme Court's intervening decision in Johnson v. Arteaga-Martinez, 596 U.S. 573 2022, Federal Respondents filed an unopposed motion with the Ninth Circuit to vacate the Court's orders and remand.
4. The Ninth Circuit granted the motion on March 1, 2024, vacated this Court's orders dated February 15, 2018 and March 13, 2018, and remanded for further proceedings. The mandate issued on April 23, 2024.
5. Petitioner and Federal Respondents now request that the Court enter an order dismissing this action without prejudice.
6. As a condition of Petitioner's agreement to dismiss this action, Immigration and Customs Enforcement has agreed not to re-arrest or re-detain Ms. Liborio Ramos unless there is a change in circumstances, i.e., a new criminal arrest/conviction and/or final and executable administrative removal order.
7. Further, the parties have agreed that each party will bear its own costs and fees in this litigation, and Petitioner will not seek attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, or any other provision of law.
8. In light of the foregoing, the parties request the Court dismiss this petition without prejudice.
[PROPOSED] ORDER
Having considered Petitioner and Federal Respondents' joint motion to dismiss, this action is dismissed without prejudice.
SO ORDERED.