Moamar v. Mulkasey et al

Filing 13

ORDER to extend briefing schedule re 12 Stipulation filed by Rosemary Melville, Michael Chertoff, Emilia Bardini, Michael Mulkasey Motions due by 6/19/2009.. Signed by Judge Charles R. Breyer on 4/20/09. (be, COURT STAFF) (Filed on 4/21/2009)

1 J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Chief, Civil Division 3 EDWARD A. OLSEN, CSBN 214150 Assistant United States Attorney 4 450 Golden Gate Avenue, Box 36055 5 San Francisco, California 94102 Telephone: [phone] FAX: [phone] Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 JAMAL MOAMAR, 12 13 14 15 16 17 18 19 20 21 The plaintiff, by and through his attorney of record, and defendants, by and through their 22 attorneys of record, hereby stipulate, subject to approval of the Court, to extend the briefing 23 schedule in General Order No. 61 by sixty days in light of the reasonable likelihood that the 24 United States Citizenship and Immigration Services (USCIS) will issue a final decision on the 25 plaintiff's asylum application in the next sixty days. 26 1. The plaintiff filed his action on October 22, 2008, seeking an order directing USCIS to 27 adjudicate his application for asylum. 28 STIPULATION TO EXTEND BRIEFING SCHEDULE C 08-4846 CRB 1 ) ) No. C 08-4846 CRB Plaintiff , ) ) v. ) STIPULATION TO EXTEND BRIEFING ) SCHEDULE; AND [PROPOSED] ORDER MICHAEL MUKASEY, in his official capacity ) as Attorney General of the United States; ) MICHAEL CHERTOFF, in his official capacity ) as Secretary of the Department of Homeland ) Security; ROSEMARY MELVILLE, in her ) official capacity as District Director of U.S. ) Citizenship and Immigration Services; EMILIA ) BARDINI, in her official capacity as Director ) of the San Francisco Asylum Office, ) ) D ef en d a n t s . ) )

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2. The plaintiff completed service on the defendants on October 27, 2008. 3. Pursuant to Gen. Ord. 61, the defendants were required to file a motion for summary

3 judgment on February 24, 2009. 4 4. In light of the fact that the parties reasonably believed that USCIS would adjudicate the

5 plaintiff's asylum application within thirty days, the parties filed a stipulation on February 24, 6 2009, to extend the due date for the defendants' motion for summary judgment to March 20, 2009. 7 8 5. This Court signed the parties' stipulation on February 26, 2009. 6. On March 18, 2009, USCIS informed the plaintiff of the need to appear for an additional

9 interview. 10 7. In light of the reasonable probability that, after the interview, USCIS would adjudicate the

11 plaintiff's asylum application within thirty days, the parties requested a thirty day extension of the 12 due date for defendants' motion for summary judgment. 13 14 8. This Court signed the parties' stipulation on March 24, 2009. 9. Since the filing of the parties' stipulation, USCIS has conducted the additional interview

15 and has issued a Recommended Approval of the plaintiff's asylum application. 16 10. USCIS intends to issue a Final Approval if the results of the pending name check by the

17 FBI are negative. 18 19 11. USCIS expects to receive the results of the pending name check within the next 60 days. 12. In light of the reasonable probability that USCIS will be able to finally adjudicate the

20 plaintiff's asylum application within the next 60 days, the parties respectfully request an additional 21 sixty day extension of the due date for defendants' motion for summary judgment. 22 13. The defendants will file their motion for summary judgment, if necessary, on June 19,

23 2009. 24 // 25 // 26 // 27 // 28 // STIPULATION TO EXTEND BRIEFING SCHEDULE C 08-4846 CRB 2

1 Dated: April 17, 2009 2 3 4 5 6 Dated: April 17, 2009 7 8 9 10 Pursuant to stipulation, IT IS SO ORDERED. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 April 20 Dated: _________________, 2009

Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney /s/ EDWARD A. OLSEN Assistant United States Attorney Attorneys for Defendants /s/ THIPPHAVONE P. ARK The Law Office of Thippavone P. Ark Attorney for Plaintiff [PROPOSED] ORDER

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