Opinion
No. 1:11-cv-00656 LJO SMS
08-18-2011
STACEY LYNN HAGUE, et al., Plaintiffs, v. Janet Napolitano, Secretary of the Department of Homeland Security, et al. Defendants.
BENJAMIN B. WAGNER United States Attorney Audrey B. Hemesath Assistant U.S. Attorney Attorneys for the Defendants Haitham Salem Ballout Attorney for the Plaintiffs
BENJAMIN B. WAGNER
United States Attorney
AUDREY B. HEMESATH
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: (916) 554-2729
Attorneys for Defendants
JOINT STIPULATION AND ORDER RE:
EXTENSION OF TIME IN WHICH TO
FILE ANSWER TO THE COMPLAINT
This is an immigration case in which plaintiffs have challenged delay in agency action on an EOIR-29 Notice of Appeal to the Board of Immigration Appeals. The parties have previously stipulated to one extension of time for the filing of the government's answer. The parties now stipulate to hold the matter in abeyance, as Defendant United States Citizenship and Immigration Services has requested a remand of the case from the Board of Immigration Appeals toward the end of issuing a new decision. It is expected that this administrative process may take three to four months, and that at the conclusion of the process, the instant lawsuit may become moot. Accordingly, the parties stipulate that the time for the filing of the government's answer be extended to December 17, 2012, and that the scheduling conference and joint status report dates be similarly extended.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
By: Audrey B. Hemesath
Assistant U.S. Attorney
Attorneys for the Defendants
By: Haitham Salem Ballout
Attorney for the Plaintiffs
ORDER
Pursuant to this Joint Stipulation and for the reasons stated therein, IT IS HEREBY ORDERED that the matter is held in abeyance pending a possible remand from the Board of Immigration Appeals and a new decision by United States Citizenship and Immigration Services. The government's answer to the complaint is due on December 17, 2011, and the scheduling conference is reset from September 20, 2011 at 9:15 a.m. to January 18, 2012 at 9:00 a.m..
IT IS SO ORDERED.
Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE