Opinion
Case No. C02-1961R(JLW)
January 2, 2003
JAY W. STANSELL, Assistant Federal Public Defender, Attorney for Petitioner.
CHRISTOPHER L. PICKRELL, Assistant United States Attorney, Attorney for Respondents.
STIPULATION AND ORDER OF DISMISSAL
The Petitioner and Respondent, through their counsel, hereby stipulate and agree that the Petitioner was released from INS detention under an Order of Supervision on December 23, 2002 (see attached documents), and accordingly, that this habeas corpus proceeding has become moot and may be dismissed without prejudice.
ORDER
The parties having so stipulated, the above is SO ORDERED. The Clerk is directed to send copies of this Order to all counsel of record.
U.S. Department of Justice Immigration and Naturalization Service Order of Supervision File No: A27 335 195 Date: December 23, 200 Name: HABTEMARIAM Tekeleton September 6, 2002 you were ordered:
Excluded or deported pursuant to proceedings commenced prior to April 1, 1997.
X Removed pursuant to proceedings commenced on or after April 1, 1997.
Because the Service has not effected your deportation or removal, it is ordered that you be placed under supervision and permitted to be at large under the following conditions:
X That you appear in person at the time and place specified, upon each and every request of the Service, for identification and for deportation or removal.
X That upon request of the Service, you appear for medical or psychiatric examination at the expense of the United States Government.
X That you provide information under oath about your nationality circumstances, habits, associations, and activities and such other information as the Service considers appropriate.
X That you do not travel outside the state of Oregon for more than 48 hours without first having notified this Service office of the dates and places of such proposed travel.
X That you furnish written notice to this Service office of any changes of residence or employment within 48 hours of such change.
X That you report in person on 1st and 15th of every month to this Service at 815 Airport Way S. Seattle. WA 98134 unless you are granted permission to report on another date. If you are granted permission to relocate you will be advised of the location to which you must report.
X That you assist the Immigration and Naturalization Service in obtaining any necessary travel documents.
Other:
X See attached sheet containing other specified conditions.
George L. Morones Assistant District Director Detention and Removal
Alien's Acknowledgement of Conditions of Release under an Order of Supervision
hereby acknowledge that I have (read) (had interpreted and explained to me in the English language) the contents of this order, a copy of which has been given to me. I understand that failure to comply with the terms of this order may subject me to a time, detention, or prosecution. Order of Supervision-Addendum File No: A27 335 195 Date: December 23, 2002 Name: HABTEMARIAM, Tekelet T.X That you do not associate with known gang members, criminal associates, or be associated with any such activity.
That you register in a substance abuse program within 14 days and provide the INS with written proof of which within 30 days. The proof must include the name, address, duration, and objectives of the program as well as the name of a program counselor.
That you register in a sexual deviancy counseling program within 14 days and provide the INS with written proof of such within 30 days. You must provide the INS with the name of the program, the address of the program, duration and objectives of the program as well as the name of a counselor.
X That you register as a sex offender, if applicable, within 7 days of being released, with the appropriate agency(s) and provide the INS with written proof of such within 10 days.
X That you do, not commit any crimes while on this Order of Supervision.
X That you report to your probation officer as required within 5 business days and provide the INS with written verification of the officer's name, address, telephone number, and reporting requirements.
That you continue to follow any prescribed doctor's orders whether medical or psychological including taking prescribed medications.
X That you provide the INS with written copies of requests to Embassies or Consulates requesting the issuance of a travel document.
X That you provide the INS with written responses from the Embassy or ConsuLate regarding your request.
X Any violation of the above conditions may result in revocation of your employment authorization document.
X Any violation of these conditions may result in you being taken into Service custody and you being criminally prosecuted.
X Report to Karen Bammer Washington Doc Probation, 18710 33rd Ave. West TB-28 Lynnwood, Washington 98037, 425-771-3583, Doc #833276.