Opinion
MELINDA HAAG, United States Attorney, ALEX G. TSE, Chief, Civil Division, MELANIE L. PROCTOR, Assistant United States Attorney, San Francisco, California, Attorneys for Respondents.
JAMES TODD BENNETT, Attorney for Petitioner.
STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE AND HEARING DATE [PURSUANT TO CIVIL LOCAL RULE 7-12]
WILLIAM H. ALSUP, District Judge.
Petitioner Juan Alberto Ziranda Tinoco ("Petitioner") and respondents Jeh Charles Johnson, Timothy Aiken, Leon Rodriguez, and Loretta Lynch ("Respondents"), by and through their respective counsel, hereby stipulate as follows:
1. On June 20, 2015, Petitioner filed a Petition For A Writ of Habeas Corpus asserting that his due process rights will be violated if he is removed prior to determination of his application for Deferred Action for Childhood Arrivals by the United States Citizenship and Immigration Services and requested that the Court order directing Respondents to stay execution of the final order of removal pending the decision on the his application. [Dkt. No. 1].
2. On June 23, 2015, Petitioner re-filed a Motion to Stay Execution of Removal Order and requested a Court order directing Respondent to stay execution of the Final Order of Removal. [Dkt. No. 6.]. A hearing on Motion was set for June 23, 2015 at 2:30p.m.
3. On June 23, 2015, Counsel for the Government contacted Petitioner's counsel and informed him that Respondents would agree to stay removal temporarily in order to allow the parties to submit briefing on the issues raised in the Motion to Stay and Petition for Writ of Habeas Corpus.
4. The parties have agreed that the Government will file their Response to Motion to Stay and Return to Petitioner's Petition for A Writ of Habeas Corpus on June 30, 2015 and that Petitioner will file his Reply and Traverse on July 7, 2015. The parties have further agreed that this matter should be set for hearing with this Court on July 16, 2015 at 8:00a.m.
THEREFORE, IT IS HEREBY STIPULATED by and between Petitioner and Respondents that Respondents will file their Return to Petitioner's Petition For A Writ of Habeas Corpus on June 30, 2015 and Petitioner will file his Traverse on July 7, 2015 and that this matter should be set for hearing with this Court on July 16, 2015 at 8 a.m.
[PROPOSED] ORDER APPROVING STIPULATION AND SETTING BRIEFING SCHEDULE AND HEARING DATE
[PURSUANT TO CIVIL LOCAL RULE 7-12]
Pursuant to the stipulation of the parties, and based on good cause, it is hereby ORDERED that Respondents will file their Return to Petitioner's Petition For A Writ of Habeas Corpus on June 30, 2015 and Petitioner will file his Traverse on July 7, 2015. A hearing on this matter will be set before this Court on July 16, 2015 at 8 a.m.