Lopez v. Napolitano et al

Filing 16

JOINT STIPULATION and ORDER Re: Second Extension of Time In Which to Respond to the Order to Show Cause, signed by Magistrate Judge Michael J. Seng on 1/22/13. Show Cause Response due by 2/5/2013. (Gonzalez, R)

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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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GERARDO MANUEL MENDOZA
LOPEZ,

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Petitioner,
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v.
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Janet Napolitano, Secretary of Homeland
Security, et al.
Respondents.

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No. 1:12-cv-1750 MJS
JOINT STIPULATION AND ORDER RE:
SECOND EXTENSION OF TIME IN
WHICH TO RESPOND TO THE ORDER
TO SHOW CAUSE

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This is an immigration habeas case in which Petitioner has filed to challenge his detention by
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U.S. Immigration and Customs Enforcement (ICE). On November 9, 2012, the Court issued an

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order requiring Respondents to respond to the Petition. The parties now stipulate to a second

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extension of time for the government’s response to that Order, as the parties continue to attempt

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to reach a satisfactory resolution to the matter at the administrative level. Specifically, Petitioner

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has filed a U-visa application; should that application be successful, it is expected he would be

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released from custody.

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Accordingly, the parties stipulate to a 14-day extension of time for the government to file its
answer to the Order to Show Cause, until February 5, 2013.

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Dated: January 18, 2013
BENJAMIN B. WAGNER
United States Attorney

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By:

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

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//s/ Kevin Crabtree
Kevin Crabtree
Attorney for the Petitioner

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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 time for filing the government’s response to the Order to Show Cause is

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extended to February 5, 2013.

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IT IS SO ORDERED.
Dated:
92b0h

January 22, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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