Rashid v. Johnson, et al

Filing 7

STIPULATION and ORDER signed by Judge John A. Mendez on 11/12/14: For the foregoing reasons, the case is held in abeyance. The parties shall submit a status report on September 24, 2015. (Kaminski, H)

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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
EASTERN DISTRICT OF CALIFORNIA

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BABAR RASHID,

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Plaintiff,

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v.
JEH JOHNSON, et al.,
Defendants.

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) Case No.: 2:14-cv-2109 JAM KJN
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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 alleged delay in
adjudication of his naturalization application by U.S. Citizenship and Immigration Services
(CIS). However, Plaintiff has recently been referred into removal proceedings. This Court’s

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jurisdiction to consider the merits of the naturalization application is limited now that Plaintiff

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has been referred into proceedings. De Lara Bellajaro v. Schiltgen, 378 F.3d 1042, 1043, 44 (9th

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Cir. 2004). Accordingly, the parties now stipulate to hold this matter in abeyance pending

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resolution of the removal proceedings. The parties agree to file a status report on September 24,

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2015, and agree that all other filing deadlines are suspended until that time.

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Dated: November 12, 2014

Respectfully submitted,
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/ Ruby Lieberman
RUBY LIEBERMAN
Attorney for the Plaintiff

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

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report on September 24, 2015.
DATED: 11/12/2014
/s/ John A. Mendez_______________________
UNITED STATES DISTRICT COURT JUDGE

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