Casillas et al v. Biggs et al

Filing 11

JOINT STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 10/26/2011 ORDERING that this matter be held in abeyance pending resolution of the administrative appeal by the Board of Immigration Appeals. Joint Status Report advising as to the status of the administrative appeal due by 1/12/2012. (Michel, G)

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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]
Attorneys for Defendants

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

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AUDREY CASILLAS, FARHAD
MASOUDI,
Plaintiffs,

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v.

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Michael Biggs, et al.

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Defendants.

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No. 2:11-cv-1914 DAD
JOINT STIPULATION AND ORDER RE:
REQUEST TO HOLD MATTER IN
ABEYANCE.

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This is an immigration case in which plaintiffs challenge the revocation of visa petitions filed

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by plaintiff Audrey Casillas by U.S. Citizenship and Immigration Services’ (CIS) and seeking an

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order of declaratory relief that the visa petitions be approved. As of April 27, 2011, however, an

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administrative appeal of the revocation of the visa petitions is pending before the Board of

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Immigration Appeals. Because a decision on the matter from the Board would either moot this

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lawsuit in its entirety or significantly alter the posture of the lawsuit, the parties hereby stipulate

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that the matter be held in abeyance pending a decision from the Board. It is not known when the
Board will reach a decision; the parties will submit a status report to the Court by January 15,

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2012 if no decision has been reached by that date.
The parties therefore request that the case be held in abeyance until January 15, 2012.

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Dated: October 25, 2011
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:

/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, good cause having been shown, the matter is held in abeyance pending

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resolution of the administrative appeal by the Board of Immigration Appeals. The parties are to

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submit a joint status report no later than January 12, 2012 advising as to the status of the

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administrative appeal.

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IT IS SO ORDERED.

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DATED: October 26, 2011.

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Ddad1:orders\consent\casillas1914.stay

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