Shahwan v. Chertoff et al

Filing 3

ORDER RE: STIPULATED BRIEFING SCHEDULE AND HEARING DATE. The briefing schedule set forth in the parties' stipulation is approved. Due to the unavailability of the Court on the requested hearing date of November 22, 2005, the hearing on the petition shall be conducted on November 29, 2005, at 2:00 p.m. Signed by Judge Maxine M. Chesney on October 21, 2005. (mmclc1, COURT STAFF) Additional attachment(s) added on 10/24/2005 (tl, COURT STAFF).

Shahwan v. Chertoff et al

Doc. 3

Case 3:05-cv-04218-MMC

Document 3

Filed 10/21/2005

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Marc Van Der Hout CA. Bar No. 80778 Stacy Tolchin CA. Bar No. 217431 Van Der Hout, Brigagliano & Nightingale, LLP 180 Sutter Street, Fifth Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Petitioner KEVIN V. RYAN, CSBN 118321 United States Attorney JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney Chief, Civil Division ILA DEISS, NY SBN 3052909 Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Respondents UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Nedal Shahwan 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. Immigration and Customs Enforcement; Edward FLORES, Chief of Corrections, Santa Clara County Department of Corrections; and Toby WONG, Correctional Captain, Santa Clara County Department of Corrections. Respondents. Petitioner filed a petition for writ of habeas corpus on October 18, 2005 challenging the
STIP BRIEFING SCHEDULE & [PROP] ORDER

Case No. C 05 4218 MMC STIPULATED BRIEFING SCHEDULE AND HEARING DATE; ORDER THEREON IMMIGRATION CASE DHS No. A 074-100-747

Case No. C 05 4218 MMC

Dockets.Justia.com

Case 3:05-cv-04218-MMC

Document 3

Filed 10/21/2005

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legality of his detention, 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 22, 2005 at 9:00 a.m. 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: 2005 Petitioner's Response to Respondent's Return: Hearing on Petition: Dated: October 20, 2005 November 15, 2005 November 22, 2005 Respectfully submitted, ______/s/___________________ ILA DEISS Assistant United States Attorney Attorney for Respondents Date: October 20, 2005 ______/s/___________________ Stacy Tolchin Van Der Hout, Brigagliano & Nightingale, LLP Attorney for Petitioner October 25, 2005 November 8,

Pursuant to stipulation, IT IS SO ORDERED, with the exception that, due to the unavailability of the Court, the hearing on the petition shall be conducted on November 29, 2005, at 2:00 p.m. Date: October 21, 2005 Hon. Maxine M. Chesney United States District Judge

STIP BRIEFING SCHEDULE & [PROP] ORDER

Case No. C 05 4218 MMC