Kaur v. Biggs, et al

Filing 21

STIPULATION and ORDER 20 for continuance signed by Judge Morrison C. England, Jr. on 7/17/2012. This case will be held in ABEYANCE and a Joint Status Report shall be filed no later than 10/16/2012. (Marciel, M)

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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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Harjeet Kaur,
Plaintiff,

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v.
Michael C. Biggs, et al.
Defendants.

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No. 2:10-cv-3297 MCE EFB
JOINT STATUS REPORT; ORDER

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This is an immigration case in which petitioner challenges the decision of U.S. Citizenship

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and Immigration Services (CIS) to deny a waiver of grounds of inadmissibility pursuant to 8

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U.S.C. § 1882(a)(6)(C)(I), the denial of her Application By Refugee For Waiver of Grounds of

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Excludability, and her application for adjustment of status by CIS. The Court previously granted
the parties’ request that the case be held in abeyance, as CIS reopened the matter at the

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administrative level. As of the time of this filing, the matter remains open with CIS and there is

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no final administrative decision for this Court to review. CIS recently issued a Notice of Intent to

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Deny, and Plaintiff has an opportunity to respond to that Notice. Additional administrative

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proceedings may also be necessary. Under these circumstances, good cause exists to continue

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the period of abeyance of the federal lawsuit. The parties will submit a joint status report

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indicating the case progress, and setting forth a new proposed scheduling order if appropriate, by

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October 16, 2012.
Accordingly, good cause having been demonstrated, the parties respectfully request that the

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case continue to be held in abeyance pending a new decision from CIS.

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Dated: July 16, 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/ Robert B. Jobe
Robert B. Jobe
Attorney for the Plaintiff

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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 case is held in abeyance. A joint status report shall be filed no later than
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October 16, 2012.
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IT IS SO ORDERED.
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Dated: July 17, 2012

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MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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