Opinion
No. C 04-0013 RMW.
December 23, 2005
KEVIN V. RYAN, CSBN 118321, United States Attorney JOANN M. SWANSON, CSBN 88143, Assistant United States Attorney, Chief, Civil Division, ILA C. DEISS, NY SBN 3052909, Assistant United States Attorney, San Francisco, California, Attorneys for Respondents.
JAMES TODD BENNETT, Attorney for Petitioner.
STIPULATION TO DISMISS; AND ORDER
Petitioner, by and through her attorney of record, and Respondents, by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, to dismiss this action.
The parties further agree that the Department of Homeland Security ("Department") will rescind the November 7, 2002, Decision to Reinstate Prior Order, rescission to be without prejudice to the Department raising or pursuing reinstatement in the future. If Petitioner applies to U.S. Citizenship and Immigration Services ("USCIS") for adjustment of status to lawful permanent resident, and if USCIS has not granted Petitioner's adjustment application by January 30, 2006, then the Department will issue a Notice to Appear placing Petitioner in removal proceedings. The Department does not concede that Petitioner is eligible for any type of relief or protection from removal.
The parties shall bear their own costs and fees.
ORDER
Pursuant to stipulation, IT IS SO ORDERED.