Ba v Holder, et al

Filing 22

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 7/2/2018 ORDERING that the case REMAINS held in abeyance; The parties shall submit a joint status report on or before 9/7/2018. (Fabillaran, J)

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5 McGREGOR W. SCOTT 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 ABDOUL BA, 10 Plaintiff, 11 12 13 14 15 v. JEFFERSON SESSIONS III, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:13-cv-1005 MCE AC STATUS REPORT; JOINT STIPULATION AND ORDER RE: ABEYANCE 16 17 18 19 20 21 This is an immigration case currently held in abeyance while plaintiff is in removal proceedings. The parties report that removal proceedings have now concluded, and United States Citizenship and Immigration Services has administratively reopened plaintiff’s naturalization application. Plaintiff has been reinterviewed in relation to that application, and a 22 decision on the application is expected shortly. Because the decision by USCIS on the 23 naturalization application will have bearing on this lawsuit, the parties stipulate and agree to 24 25 26 continue to hold the matter in abeyance pending a decision by USCIS. De Lara Bellajaro v. Schiltgen, 378 F.3d 1042, 1043, 44 (9th Cir. 2004). 27 28 1 1 2 Dated: June 20, 2018 Respectfully submitted, 3 McGREGOR W. SCOTT United States Attorney 4 s/ Audrey B. Hemesath AUDREY B. HEMESATH Assistant United States Attorney 5 6 7 s/ Clifford Chigbu CLIFFORD CHIGBU Attorney for the Plaintiff 8 9 10 11 12 13 ORDER 14 15 16 17 18 For the foregoing reasons, the case remains held in abeyance. The parties shall submit a joint status report on or before September 7, 2018. IT IS SO ORDERED. Dated: July 2, 2018 19 20 21 22 23 24 25 26 27 28 2

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