Singh v. Holder et al

Filing 12

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 12/22/2014 ORDERING that this matter is held in ABEYANCE. The parties shall file a joint status report by 5/22/2015. (Zignago, K.)

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5 BENJAMIN B. WAGNER United States Attorney AUDREY B. HEMESATH Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 Email: Audrey.Hemesath@usdoj.gov 6 Attorneys for Defendants 1 2 3 4 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 SELINA SINGH, 10 Plaintiff, 11 v. 12 13 ERIC HOLDER, et al., 14 Defendants. 15 ) ) Case No.: 2:13-cv-303 MCE EFB ) ) Joint Stipulation and Order re: Abeyance ) ) ) ) ) ) ) 16 17 This is an immigration case currently held in abeyance as the Plaintiff has been referred 18 into removal proceedings. The Court’s jurisdiction to consider the naturalization application is 19 limited once removal proceedings commence. De Lara Bellajardo v. Schiltgen, 378 F.3d 1042, 20 21 1043-44 (9th Cir. 2004). The parties were to file a joint status report by December 17, 2014. The 22 parties report that Plaintiff remains in immigration proceedings but has recently requested 23 termination of those proceedings from Immigration and Customs Enforcement. That request is 24 now under review, and a decision is expected by March 2015. Accordingly, the parties request a 25 continued period of abeyance, until May 22, 2015, at which time the parties will file a status 26 27 report. 28 1 1 2 3 Dated: December 17, 2014 4 Respectfully submitted, BENJAMIN B. WAGNER United States Attorney 5 6 /s/ Audrey B. Hemesath AUDREY B. HEMESATH Assistant U.S. Attorney 7 8 9 10 DATED: December 17, 2014 11 12 Respectfully submitted, /s/ Lisa Suzanne Anderson Lisa Suzanne Anderson Attorney for the Plaintiff 13 14 15 16 17 18 ORDER Pursuant to the foregoing stipulation, the matter is held in abeyance. The parties shall file 19 a joint status report by May 22, 2015. 20 IT IS SO ORDERED. 21 Dated: December 22, 2014 22 23 24 25 26 27 28 2

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