Opinion
CASE NO. C09-734-RSM-MAT.
June 25, 2009
ORDER GRANTING TEMPORARY STAY OF REMOVAL
On May 27, 2009, petitioner, proceeding through counsel, filed a Petition for Writ of Habeas Corpus and Motion for Stay of Removal (Emergency), challenging the reinstatement of a prior order of removal. (Dkt. 1). The same day, the Court entered a temporary stay of removal and directed respondent to file a response to petitioner's request for stay. (Dkt. 3). Respondent has replied that he has no objection to a stay of removal pending a decision on the merits of the habeas petition. (Dkt. 4). Accordingly, the Court does hereby ORDER:
(1) Petitioner's removal is STAYED pending the resolution of the habeas corpus action in this Court. The Court expresses no views at this time as to the merits of petitioner's habeas petition.
(2) The Clerk shall direct a copy of this Order to the parties, and shall forward a copy of this Order to Judge Theiler.