Opinion
No. 2:11-cv-1914 DAD
01-13-2012
BENJAMIN B. WAGNER United States Attorney Audrey B. Hemesath Assistant U.S. Attorney Attorneys for the Defendants Robert B. Jobe Attorney for the Plaintiff
BENJAMIN B. WAGNER
United States Attorney
AUDREY B. HEMESATH
Assistant United States Attorney
Attorneys for Defendants
SECOND JOINT STIPULATION AND ORDER RE: REQUEST TO HOLD
MATTER IN ABEYANCE.
This is an immigration case in which plaintiffs challenge the revocation of visa petitions filed by plaintiff Audrey Casillas by U.S. Citizenship and Immigration Services' (CIS) and seeking an order of declaratory relief that the visa petitions be approved. The parties previously stipulated to hold the matter in abeyance pending an appeal to the Board of Immigration Appeals. The result of that administrative appeal was that the matter was returned to CIS, which in turn provided further explanation and then recently returned the matter in its entirety to the Board of Immigration Appeals. The matter is once again freshly pending at the Board of Immigration Appeals.
Because of the likelihood that adjudication by the Board of Immigration Appeals will render this action moot, the parties request that the case be held in abeyance until May 15, 2012, and that all case deadlines be extended to sometime after that date.
BENJAMIN B. WAGNER
United States Attorney
By: Audrey Hemesath
Audrey B. Hemesath
Assistant U.S. Attorney
Attorneys for the Defendants
By: Robert B. Jobe
Robert B. Jobe
Attorney for the Plaintiff
ORDER
Pursuant to this Joint Stipulation and for the reasons stated therein, IT IS HEREBY ORDERED that, good cause having been shown, the matter is held in abeyance pending resolution of the administrative appeal by the Board of Immigration Appeals. The parties are to submit a joint status report no later than May 15, 2012 advising as to the status of the administrative appeal.
IT IS SO ORDERED.
____________________________
DALE A. DROZD
UNITED STATES MAGISTRATE JUDGE