Zheng v. Chertoff et al

Filing 15

STIPULATED BRIEFING SCHEDULE, HEARING DATE, AND ORDER Petitioner's Points and Authorities in Support of Petition due: 10/10/05; Respondent's Return to Habeas Petition due: 10/24/05; Petitioner's Response to Respondent's Return: 10/31/05; Hearing on Petition; 11/18/05 at 10:00 a.m.. Signed by Judge Samuel Conti on 9/27/05. (tdm, COURT STAFF) (Filed on 9/28/2005)

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Zheng v. Chertoff et al Doc. 15 Case 3:05-cv-03657-SC Document 15 Filed 09/28/2005 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Marc Van Der Hout (California Bar #80788) Zachary Nightingale (California Bar #184501) Van Der Hout, Brigagliano & Nightingale, LLP 180 Sutter Street, Fifth Floor San Francisco, California 94104 Telephone: (415) 981-3000 Facsimile: (415) 981-3003 Email: ndca@vblaw.com Attorneys for Petitioner Xiao Fei ZHENG a.k.a. Eddy Zheng UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Xiao Fei ZHENG a.k.a. Eddy Zheng Petitioner, v. Michael CHERTOFF, in his Official Capacity, Secretary, Department of Homeland Security, Alberto GONZALES, in his Official Capacity, Attorney General, Department of Justice, Nancy ALCANTAR, in her Official Capacity, Field Office Director, San Francisco, California, U.S. Bureau of Immigration and Customs Enforcement, and Mark CHANDLESS, Correctional Captain, Yuba County Respondents. Case No. CV 05-03657 SC STIPULATED BRIEFING SCHEDULE, HEARING DATE, AND [PROPOSED] ORDER IMMIGRATION CASE DHS No. A 38-049-471 STIP BRIEFING SCHEDULE & [PROP] ORDER No. 05- 03657 SC Dockets.Justia.com Case 3:05-cv-03657-SC Document 15 Filed 09/28/2005 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner filed a petition for writ of habeas corpus and complaint for declaratory and injunctive relief on September 12, 2005 challenging the legality of his detention by the Department of Homeland Security ("DHS"), pursuant to 8 U.S.C. § 1226(c), pending the outcome of his removal proceedings. Petitioner currently remains in DHS custody. The parties have agreed to expedite briefing in this matter. The parties have agreed, subject to court approval, upon a hearing date of November 18, 2005. The parties have agreed to the following briefing schedule, subject to court approval: Petitioner's Points and Authorities in Support of Petition due: Respondent's Return to Habeas Petition due: Petitioner's Response to Respondent's Return: Hearing on Petition: Dated: September 23, 2005 October 10, 2005 October 24, 2005 October 31, 2005 November 18, 2005 Respectfully submitted, ______/s/___________________ ILA DEISS Assistant United States Attorney Attorney for Respondents Date: September 23, 2005 ________/s/_____________________ MARC VAN DER HOUT Van Der Hout, Brigagliano & Nightingale, LLP Attorney for Petitioner I declare under penalty of perjury that concurrence in the filing of this document has been obtained from Ila Deiss. Dated: September 23, 2005 UNIT ED ________/s/______________ MARC VAN DER HOUT S ISTRIC ES D TC AT T STIP BRIEFING SCHEDULE & [PROP] ORDER ER 9/27/05 N F D IS T IC T O R A LI FO amuel C Judge S onti R NIA RT U O NO RT H C No. 05- 03657 SC Case 3:05-cv-03657-SC Document 15 Filed 09/28/2005 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to stipulation, IT IS SO ORDERED. Date: _________________ Hon. Samuel Conti United States District Judge STIP BRIEFING SCHEDULE & [PROP] ORDER No. 05- 03657 SC

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