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Habeas Corpus - Alien Detainee | New York Southern
Transmission to Orders and Judgments Clerk
Transmission to Orders and Judgments Clerk. Transmitted re: 10 Stipulation and Order of Voluntary Dismissal, to the Orders and Judgments Clerk. (jca)
Stipulation and Order of Voluntary Dismissal
STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that: 1. This action shall be and hereby is dismissed without prejudice and without costs or attorneys fees pursuant to Fed. R. Civ. P. 41(a)(2). Nothing in this Stipulation and Order shall prevent Petitioner from filing a habeas petition in the future to raise any new challenges that may arise in the future. 2. Petitioner shall report to ICE at 26 Federal Plaza, New York, New York, on a date before September 18, 2026, at which time ICE will rescind the Form I-210 and issue and serve Petitioner with a Notice to Appear (Form I-862), to place Petitioner in removal proceedings. 3. ICE has agreed not to detain Petitioner when he reports for recission of the Form I-210 and service of the Notice to Appear. Instead, ICE will issue Petitioner a G-56 call-in letter requiring Petitioner to report for a check-in at sometime between 3 to 6months, the timing to be left to ICEs discretion.4. The government has agreed to take this action based on the specific facts andcircumstances presented in this matter, and nothing in this stipulation shall beconstrued as an admission of liability or wrongdoing by the government, or aconcession of any rights or arguments by the government or by the petitioner; nor shallit be construed to require the government to agree to similar relief for any othernoncitizen in similar or dissimilar circumstances, and this agreement shall in no waybe used to undermine the governments litigation position in any other case.5. This Stipulation and Order represents the entire agreement between the parties.SO ORDERED. (Signed by Judge Edgardo Ramos on 9/17/2026) (jca)
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