Ahmed v. Gonzalez

Filing 63

STIPULATION AND ORDER extending abeyance of action sixty days; Signed by Judge Marilyn Hall Patel on 2/23/2010. (awb, COURT STAFF) (Filed on 2/23/2010)

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TONY WEST Assistant Attorney General DAVID J. KLINE Director, District Court Section Office of Immigration Litigation VICTOR M. LAWRENCE Principal Assistant Director NICOLE R. PRAIRIE, DCBN 982601 Trial Attorney P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 Telephone: [phone]; FAX: [phone] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAEED AHMED, ) ) Plaintiff, ) ) v. ) ) ) ALEJANDRO MAYORKAS, ) Director, United States Citizenship ) and Immigration Services, ) ) Defendant.1 ) ____________________________________) No. 08-cv-1680 (MHP)

JOINT STATUS REPORT AND STIPULATION TO FURTHER HOLD MATTER IN ABEYANCE

The parties respectfully submit this status report as a follow-up to the stipulation to hold this matter in abeyance for thirty (30) days: 1. On February 1, 2010, U.S. Citizenship and Immigration Services ("USCIS") interviewed Plaintiff Saeed Ahmed to give him the opportunity to respond to USCIS's evidence that Plaintiff engaged in terrorist activity, to wit: Evidence that indicates that Plaintiff provided material support to the Mohajir Qaumi Movement ("MQM"), and the Mojajir Qaumi MovementAtlaf (MQM-A).

Pursuant to Fed. R. Civ. P. 25(d), Alejandro Mayorkas, Director of United States Citizenship and Immigration Services, is automatically substituted for his predecessor, Jonathan Sharfen.

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2. At the present time, the agency is examining the facts elicited at the February 1, 2010 interview and the facts contained in Plaintiff's I-485 Application for Adjustment of Status and asylum application. 3. Specifically, USCIS is considering whether or not to reopen Plaintiff's I-485 Application for Adjustment of Status. 4. The agency expects to make a decision regarding the reopening within approximately sixty (60) days, and the parties respectfully request that the Court continue to hold this matter in abeyance until USCIS renders its decision based on the recent interview.

WHEREFORE, with good cause having been shown, the parties hereby request that this Court issue an order granting an extension of the abeyance of matters in this case for a period of sixty (60) days from the date of issuance of the abeyance order.

JOINT STATUS REPORT No. 08-cv-1680 (MHP)

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Dated: February 22, 2010

Respectfully submitted, TONY WEST Assistant Attorney General DAVID J. KLINE Director, District Court Section VICTOR M. LAWRENCE Principal Assistant Director By: /s/ Nicole R. Prairie NICOLE R. PRAIRIE2 Trial Attorney Office of Immigration Litigation U.S. Department of Justice P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 [phone]; 305-7000 (FAX) [e-mail] Attorneys for Defendant

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/s/ Jonathan M. Kaufman (with permission) JONATHAN M. KAUFMAN The Law Offices of Jonathan M. Kaufman 220 Montgomery Street Suite 976 San Francisco, CA 94104 [phone]; 956-1664 (FAX) Attorney for Plaintiff ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

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S DISTRICT TE C TA

Dated this 23rd of February2010 ___day ______,

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JOINT STATUS REPORT No. 08-cv-1680 (MHP)

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