Hague et al v. Napolitano et al

Filing 37

JOINT STIPULATION and ORDER Regarding the Filing of Defendants' Answer; Resetting Scheduling Conference; and continuing Abeyance of Proceedings. The matter is held in abeyance pending a new decision by U.S. Citizenship and Immigration Service. The govt's answer to the complaint is due 12/5/2012. Initial SCHEDULING CONFERENCE is continued from 12/5/12 to January 9, 2013 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 11/5/2012. (Herman, H)

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BENJAMIN B. WAGNER
United States Attorney
AUDREY B. HEMESATH
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: [phone]

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Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

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STACEY LYNN HAGUE, et al.,
Plaintiffs,

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v.
Janet Napolitano, Secretary of the
Department of Homeland Security, et al.

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Defendants.
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No. 1:11-cv-00656 LJO BAM
JOINT STIPULATION AND ORDER
REGARDING THE FILING OF
DEFENDANTS’ ANSWER; RESETTING
SCHEDULING CONFERENCE; and
CONTINUING ABEYANCE OF
PROCEEDINGS

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This is an immigration case in which plaintiffs have challenged delay in agency action on an

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EOIR-29 Notice of Appeal to the Board of Immigration Appeals. The case currently held in

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abeyance pending a new decision by United States Citizenship and Immigration Services.

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Plaintiffs have responded to the agency’s Notice of Intent to Deny, and the matter is now ripe for
adjudication. The agency has indicated that it will issue a new decision within one additional 30-

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day extension period. Accordingly, the parties stipulate that the matter remain held in abeyance
until December 5, 2012, and that the status conference be reset to sometime after that date.

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Respectfully submitted,

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Dated: November 1, 2012
BENJAMIN B. WAGNER
United States Attorney

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By:

/s/Audrey Hemesath
Audrey B. Hemesath
Assistant U.S. Attorney
Attorneys for the Defendants

By:

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/s/ Haitham Salem Ballout
Haitham Salem Ballout
Attorney for the Plaintiffs

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ORDER

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Pursuant to this Joint Stipulation and for the reasons stated therein, IT IS HEREBY

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ORDERED that the matter is held in abeyance pending a new decision by United States

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Citizenship and Immigration Services. The government’s answer to the complaint is due on

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December 5, 2012. Additionally, the initial scheduling conference is CONTINUED from

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December 5, 2012 to January 9, 2013, at 9:00 AM in Courtroom 8, before the Honorable Barbara

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A. McAuliffe.

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IT IS SO ORDERED.
Dated:
10c20k

November 5, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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