Nidoy v. Immigration Naturalization Service

Full title: MARVIN NIDOY, Petitioner v. IMMIGRATION AND NATURALIZATION SERVICE, et…

Court: United States District Court, W.D. Washington, at Seattle

Date published: Jan 31, 2003

CASE NO. C02-2405Z (W.D. Wash. Jan. 31, 2003)

Opinion

CASE NO. C02-2405Z

January 31, 2003

ORDER DISMISSING PETITIONER'S MOTION FOR TRO AND RE-NOTING RESPONDENTS' MOTION TO DISMISS

JOHN L. WEINBERG, United States Magistrate Judge

On November 27, 2002, petitioner filed, through counsel, a habeas corpus petition pursuant to 28 U.S.C. § 2241, challenging a final order of removal by the Immigration and Naturalization Service ("INS") to the Philippines. (Dkt. #1). Petitioner also filed an application and proposed order for a temporary restraining order, along with a memorandum in support of such relief. (Dkt. #3).

On December 5, 2002, the Court ordered respondents to file a Return and Status Report ("RSR") within thirty days of the date of the Order. (Dkt. #4). In addition, the Court ordered respondents to file an answer to petitioner's motion for a TRO no later than December 16, 2002. (Dkt. #4 at 2). On December 13, 2002, the parties lodged a stipulated order extending the briefing schedule. (Dkt. #5). Within the stipulation, the parties agreed that respondents would not remove petitioner to the Philippines while these proceedings are pending. (Dkt. #5 at 2). The stipulation also asked the Court to consolidate petitioner's motion and habeas petition for consideration on January 31, 2003. (Dkt. #5 at 2). On December 17, 2002, the Court issued the Order.

On January 13, 2003, respondents filed their RSR, along with a motion to dismiss. (Dkt. #6). Petitioner has not yet filed a reply. On January 23, 2003, respondents filed a supplement to their motion to dismiss. and re-noted the motion for consideration on February 7, 2003. (Dkt. #8). Based upon a preliminary review of the record, it is hereby ORDERED:

(1) Petitioner's motion for a TRO (Dkt. #3) is DISMISSED AS MOOT. As already stipulated in the parties Joint Stipulation and Proposed Order Extending Briefing schedule (Dkt. #5), petitioner's removal to the Philippines is STAYED during the pendency of these proceedings.

(2) The Clerk shall RE-NOTE respondents' motion to dismiss for consideration on February 7, 2003.

(3) The Clerk shall send a copy of this Order to all counsel of record, and shall forward a copy of this Order to the Honorable Thomas S. Zilly.