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Singh v. Mayorkas

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 21, 2011
No. CV 11-1824-MEJ (N.D. Cal. Nov. 21, 2011)

Opinion

No. CV 11-1824-MEJ

11-21-2011

SURJIT SINGH, JASVIR KAUR, SUKHNINDER KAUR, HARPREET SINGH, Plaintiffs, v. ALEJANDRO MAYORKAS, DIRECTOR, USCIS; GERARD HEINAUER, DIRECTOR, USCIS NEBRASKA SERVICE CENTER; U.S. CITIZENSHIP AND IMMIGRATION SERVICES; JANET NAPOLITANO, SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY; ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL, Defendants.

Robert B. Jobe (State Bar #133089) Anna L. Benvenue (State Bar #261436) LAW OFFICE OF ROBERT B. JOBE Attorneys for Plaintiffs.


Robert B. Jobe (State Bar #133089)

Anna L. Benvenue (State Bar #261436)

LAW OFFICE OF ROBERT B. JOBE

Attorneys for Plaintiffs.

Administrative Procedure Act Case


SECOND STIPULATION TO HOLD IN

ABEYANCE; [PROPOSED] ORDER

Plaintiffs, by and through their attorneys of record, and Defendants, by and through their attorney of record, hereby stipulate to the following:

1. This is an immigration mandamus case under General Order 61 (Immigration Mandamus Cases). Plaintiffs filed this action on or around April 14, 2011.

2. On or around June 6, 2011, the Office of the Chief Counsel of the Department of Homeland Security ("DHS") filed a Motion to Reopen for Termination of Asylum, alleging that Plaintiff Surjit Singh's ("Mr. Singh") asylum case should be reopened.

3. On or around June 29, 2011, Plaintiff Surjit Singh, through undersigned counsel, filed an opposition to the DHS's Motion to Reopen, which remains pending before an immigration judge.

4. Mr. Singh's eligibility for adjustment of status rests upon his current status as an asylee. Thus, the outcome of the DHS's Motion to Reopen is inextricably tied to the litigation of this District Court action.

5. On August 22, 2011, this Court granted the joint request to hold this action in abeyance until November 21, 2011 so that the immigration court could render a decision on the Motion to Reopen. In order to allow the immigration court additional time to consider and adjudicate the DHS's Motion to Reopen, the parties hereby respectfully request that this Court hold this District Court action in abeyance for 60 days, until Friday, January 20, 2012. On or before January 20, 2012, the parties will either stipulate to a new briefing schedule or request that the Court continue to hold the case in abeyance, depending on the status of the Motion to Reopen.

Respectfully Submitted,

Robert B. Jobe, Esq.

Anna Benvenue, Esq.

LAW OFFICE OF ROBERT JOBE

Attorneys for Plaintiffs

Respectfully Submitted,

Ila C. Deiss, Esq.

Assistant U.S. Attorney

Attorney for Defendants

[PROPOSED] ORDER

Pursuant to stipulation, IT IS SO ORDERED.

Maria-Elena James

United States Chief Magistrate Judge


Summaries of

Singh v. Mayorkas

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 21, 2011
No. CV 11-1824-MEJ (N.D. Cal. Nov. 21, 2011)
Case details for

Singh v. Mayorkas

Case Details

Full title:SURJIT SINGH, JASVIR KAUR, SUKHNINDER KAUR, HARPREET SINGH, Plaintiffs, v…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Nov 21, 2011

Citations

No. CV 11-1824-MEJ (N.D. Cal. Nov. 21, 2011)