Singh v. Gonzalez et al

Filing 36

ORDER to extend date of case management conference re 35 Stipulation filed by Alberto Gonzalez, Michael Chertoff, Nancy Alcantar, Charles Demore Further Case Management Conference set for 3/20/2009 08:30 AM.. Signed by Judge Charles R. Breyer on 1/08/09. (be, COURT STAFF) (Filed on 1/8/2009)

1 2 3 4 5 6 7 8

JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney JOANN M. SWANSON, CSBN 88143 Chief, Civil Division EDWARD A. OLSEN, CSBN 214150 Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] FAX: [phone] Attorneys for Respondents UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMARJEET SINGH, ) ) Petitioner, ) ) v. ) ) MICHAEL CHERTOFF, SECRETARY ) FOR THE DEPARTMENT OF ) HOMELAND SECURITY; CHARLES ) DEMORE, DISTRICT DIRECTOR, ) IMMIGRATION AND CUSTOMS ) ENFORCEMENT; ALBERTO ) GONZALES, ATTORNEY GENERAL OF ) THE UNITED STATES, ) ) Respondents. ) ) No. C 05-2023-CRB

STIPULATION TO EXTEND DATE OF CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER

The petitioner, by and through his attorney of record, and respondents, by and through their attorneys of record, hereby stipulate, subject to approval of the Court, to extend the date of the case management conference, currently scheduled for January 16, 2009, to March 20, 2009, in light of the reasonable possibility that this case may be administratively resolved in the next two months. The petitioner and the United States Immigration and Customs Enforcement's Office of Chief Counsel in San Francisco filed a joint motion with the Board of Immigration Appeals (BIA) on August 13, 2008, asking the BIA to re-issue its decision, thereby enabling the petitioner to file a
STIPULATION TO EXTEND DATE OF CASE MANAGEM E N T CONFERENCE -1C 05-2023-CRB

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

timely petition for review with the United States Court of Appeals for the Ninth Circuit. Although the parties had expected to receive a decision by the BIA prior to the case management conference currently scheduled for January 16, 2009, the BIA unfortunately deleted the joint motion from its electronic database. The BIA has recently corrected the error and has advised the parties that "[a] decision in [this] matter will be forthcoming." See attached. The parties recognize that this Court has already granted previous stipulations to extend the date of the case management conference and appreciate the Court's patience in this matter.

DATED: January 7, 2009

Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney

/s/ EDWARD A. OLSEN Assistant United States Attorney Attorneys for Respondents

DATED: January 7, 2009 17 18 19

/s/ JAMES TODD BENNETT Attorney for Petitioner

ORDER 20 21 22 Pursuant to stipulation, IT IS SO ORDERED. The case management conference scheduled for January 16, 2009, is hereby rescheduled for March 20, 2009.

24 25 26 27 28

CHARLES R. BREYER United States District Judge ERED ORD

UNIT ED

Date: January 8, 2009

S

23

S DISTRICT TE C TA

RT U O

STIPULATION TO EXTEND DATE OF CASE MANAGEM E N T CONFERENCE D IS T IC T R -2C 05-2023-CRB

ER

N

OF

A

C

LI

FO

har Judge C

les R. B

reyer

R NIA

IT IS S

O

NO

RT

H