Opinion
2:22-cv-01043-JAD-DJA
12-22-2022
ISAAC ROBERTO ISLAS GUTIERREZ, Petitioner, v. Alejandro N. MAYORKAS, in his Official, Capacity Secretary, DHS Merrick B. Garland, in his Official Capacity, Attorney General Department of Justice, Leander HOLSTON, in his Official Capacity, Officer in Charge, Department of Homeland Security Las Vegas, Nevada USCIS Local Ur Mendoza JADDOU, in her Official Capacity, USCIS Director, Respondents.
XAVIER GONZALES, ESQ. NV Bar 1862 Attorney for Petitioner Jason Wisecup, Esq. Trial Attorney, U.S. DOJ Civil Div. Office of Immigration Litigation District Court Section Attorney for Respondents.
Alien No. A200-963-677
USCIS Case No. IOE914914614
XAVIER GONZALES, ESQ. NV Bar 1862 Attorney for Petitioner
Jason Wisecup, Esq. Trial Attorney, U.S. DOJ Civil Div. Office of Immigration Litigation District Court Section Attorney for Respondents.
STIPULATION AND ORDER TO EXTEND DEADLINE (FIRST REQUEST)
ECF No. 9
Pursuant to Local Rules IA 6-1 and 26-4, Plaintiffs Isaac Roberto Islas Gutierrez, and Respondents, United States of America, et al., through counsel, submit the following Stipulation to Extend Deadline. This is the first request for an extension to file a Response de Respondents' Motion to Dismiss. The parties enter this stipulation because:
1. On July 01, 2022, Plaintiff filed his Complaint (ECF No. 1)
2. The United States Attorney's Office for the District of Nevada was served on October 6, 2022.
3. On December 8, 2022, Respondents filed a Motion to Dismiss (ECF No. 7).
4. Counsel for Plaintiff requests at 45-day extension because he is convalescent from a right shoulder cap surgery occurred on 12/9/22, and because of the holiday season.
5. The requested extension will provide Plaintiff additional time to submit a thorough response. This extension is necessary to have sufficient time to meaningfully review, consider, and research the relevant legal and factual issues.
6. Accordingly, the parties request that Plaintiff's Response to the Respondents' Motion to Dismiss be filed by January 26, 2022.
ORDER
Based on the parties' stipulation [ECF No. 9], IT IS SO ORDERED. And because this motion will not be fully briefed before the scheduled hearing, the 2/1/23 hearing is VACATED. The Court may set another hearing once the motion is fully briefed.