Ba v Holder, et al

Filing 16

ORDER signed by Chief Judge Morrison C. England, Jr. on 1/28/2014 ORDERING 15 the case is held in ABEYANCE, the parties shall submit a statusreport on 1/24/2015. CASE STAYED (Reader, L)

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

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ABDOUL BA,

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Plaintiff,

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v.

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ERIC H. HOLDER, JR., et al.,
Defendants.

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) Case No.: 2:13-cv-1005 MCE AC
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) JOINT STIPULATION AND ORDER
) RE: ABEYANCE
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This is an immigration case in which plaintiff has challenged the denial of his

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naturalization application by U.S. Citizenship and Immigration Services (CIS). Plaintiff has

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recently been referred into removal proceedings. This Court’s jurisdiction to consider the

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naturalization application is limited now that Plaintiff has been referred into proceedings. See

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De Lara Bellajaro v. Schiltgen, 378 F.3d 1042, 1043, 44 (9th Cir. 2004). Accordingly, the

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parties now stipulate to hold this matter in abeyance pending resolution of the removal

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proceedings. The parties agree to file a status report on January 24, 2015.
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The parties submit that this change in the jurisdictional posture of the case constitutes good cause

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to support suspension of the Court’s scheduling order of January 3, 2014.

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Dated: January 23, 2014

Respectfully submitted,

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BENJAMIN B. WAGNER
United States Attorney

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s/ Audrey B. Hemesath
AUDREY B. HEMESATH
Assistant United States Attorney

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s/ Clifford C. Chigbu
CLIFFORD CHIGBU
Attorney for the Plaintiff

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ORDER

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For the foregoing reasons, the case is held in abeyance. The parties shall submit a status

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report on January 24, 2015.

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Dated: January 28, 2014

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