Youkhana v. Chertoff et al

Filing 7

STIPULATION AND ORDER TO EXTEND DATE FOR RESPONDENTS' RESPONSE TO COURT'S NOVEMBER 28, 2006 ORDER TO SHOW CAUSE re 6 Stipulation, filed by Barnes, Nancy Alcantar, Alberto Gonzales, Michael Chertoff, Charles Demore, Julie Myers. Signed by Judge Alsup on 12/4/2006. (whalc2, COURT STAFF) (Filed on 12/4/2006)

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Youkhana v. Chertoff et al Doc. 7 Case 3:06-cv-07191-WHA Case 3:06-cv-07191-WHA Document 6-1 Document 7 Filed 12/04/2006 Filed 12/01/2006 Page 1 of 2 Page 1 of 2 1 KEVIN V. RYAN, CSBN 118321 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Respondents 8 9 10 11 12 EDWARD YOUKHANA, 13 Petitioner, 14 v. 15 MICHAEL CHERTOFF, Secretary for the 16 Department of Homeland Security; et al. 17 18 Subject to the Court's approval, the parties, through their undersigned counsel of record, 19 hereby agree to stipulate as follows: 20 21 1. Petitioner Edward Youkhana, filed this petition for a writ of habeas corpus under 28 U.S.C. 22 2241 on November 20, 2006, challenging his continued detention by the United States 23 Immigration and Customs Enforcement ("ICE") in the Lerdo Detention Facility in Bakersfield, 24 California. 25 2. Petitioner, a native and citizen of Iraq, has been ordered removed to Iraq by an Immigration 26 J udge based on a 1999 controlled substance conviction. 27 3. On November 28, 2006, this Court ordered Respondents to show cause within three days, or 28 until December 1, 2006, as to why the habeas petition should not be granted. S tip u l a t io n to Extend Dates for Response To Court's November 28, 2006 Order to Show Cause C 06-7191 W H A 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7124 FAX: (415) 436-7169 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) No. C 06-7191 WHA STIPULATION TO EXTEND DATE FOR RESPONDENTS' RESPONSE TO COURT'S NOVEMBER 28, 2006 ORDER TO SHOW CAUSE R es po n d en t s. Dockets.Justia.com Case 3:06-cv-07191-WHA Case 3:06-cv-07191-WHA Document 6-1 Document 7 Filed 12/04/2006 Filed 12/01/2006 Page 2 of 2 Page 2 of 2 1 4. Respondents have been unsuccessful in obtaining travel documents for Petitioner's removal to 2 Iraq and intend to release Petitioner from detention with conditions. 3 5. On November 30, 2006, Petitioner was served with Respondents' Release Notification, a copy 4 of which is attached as Exhibit A. 5 6. In short, the parties are considering a possible resolution of the case, and in the interest of 6 7 8 9 10 Date: December 1, 2006 11 12 13 14 15 16 17 Date: December 1, 2006 18 19 20 21 UNIT ED conserving judicial resources and promoting an efficient determination of the action, the parties respectfully request that the Court extend the date that Respondents must respond to the Court's Order to Show Cause to December 8, 2006. Respectfully submitted, KEVIN V. RYAN United States Attorney /s/ ILA C. DEISS Assistant United States Attorney Attorneys for Respondents /s/ ROBERT JOBE Attorney for Petitioner O RD ER Pursuant to stipulation, IT IS SO ORDERED. S S DISTRICT TE C TA 22 23 24 Date: December 4, 2006 25 26 27 28 ER N F D IS T IC T O R WILLIAM H. ALSUP United States District Judge S tip u l a t io n to Extend Dates for Response To Court's November 28, 2006 Order to Show Cause C 06-7191 W H A A C LI FO Judge W lsup illiam A R NIA IT IS S O ORD ERED RT U O NO RT H

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