Kroeung v. Johnson et al

Filing 18

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 9/8/15 ORDERING that The parties are directed to file a further status report on September 17, 2015 indicating whether a travel document has been signed. If a travel document has n ot been signed by September 17, 2015, Mr. Kroeung is granted leave to file a motion that day for release from custody, to be heard by the undersigned on October 15, 2015 at 10 a.m. If Mr. Kroeung files a motion for release for custody, respondents are directed to file either an opposition or statement of non-opposition to the motion no later than October 1, 2015. Mr. Kroeungs reply, if any, is due no later than October 8, 2015.(Dillon, M)

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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 Respondents
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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) No. 2:15-cv-785 KJN (HC)
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) Stipulation and Proposed Order
Petitioner,
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v.
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JEH CHARLES JOHNSON, et al.,
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Respondents.
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____________________________________ )
SONGKRA KROEUNG,

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The parties previously stipulated to file a status report in this case on September 2, 2015, indicating

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any update and, if appropriate, a briefing schedule. Now attached is a declaration from Officer Julius
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Clinton confirming that Petitioner Songra Kroeng remains on the approved travel document list, but

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indicating that due to unforeseen delay, the travel document itself has not yet been signed by the

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Cambodian official authorized to sign. The signature is expected to happen within one week. Attachment

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A at ¶ 7. Once the travel document is signed, it is still estimated that travel will occur within one to two

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months. Attachment A at ¶ 7.

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Accordingly, the parties stipulate to file a further status report on September 17, 2015. If a travel
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document has not been signed by September 17, 2015, Mr. Kroeung intends to file a motion that day for
release from custody and calendar it for October 15, 2015, at 10 a.m. If a travel document is signed by

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September 17, 2015, the parties will file a status report that day stating that the travel document has been

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signed and setting a future date by which time the parties will either file a new status report or Mr.

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Kroeung will file a motion for release from custody if a firm travel date has not been arranged.

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Dated: September 2, 2015

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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HEATHER WILLIAMS
Federal Defender

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/s/ Carolyn Wiggin
CAROLYN WIGGIN
Assistant Federal Defender

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[PROPOSED] ORDER
Pursuant to the joint stipulation, and for the reasons set forth therein, IT IS HEREBY

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ORDERED that:
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1. The parties are directed to file a further status report on September 17, 2015 indicating

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whether a travel document has been signed. If a travel document has been signed, the status report

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shall specify a future date by which the parties will either file a new status report or Mr. Kroeung will

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file a motion for release from custody if a firm travel date has not been arranged

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2. If a travel document has not been signed by September 17, 2015, Mr. Kroeung is granted
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leave to file a motion that day for release from custody, to be heard by the undersigned on October 15,

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2015 at 10 a.m. If Mr. Kroeung files a motion for release for custody, respondents are directed to file

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either an opposition or statement of non-opposition to the motion no later than October 1, 2015.

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Mr. Kroeung’s reply, if any, is due no later than October 8, 2015.

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Dated: September 8, 2015

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/kroe0785.stip.2d

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