Garcia v. Chertoff et al

Filing 24

ORDER APPROVING 23 STIPULATION TO EXTEND DATE OF HEARING. The Motion Hearing previously set for 5/22/2009 is CONTINUED to 7/10/2009 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 5/19/2009. (jflc2, COURT STAFF) (Filed on 5/19/2009)

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J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney J OANN M. SWANSON, CSBN 88143 Chief, Civil Division EDWARD A. OLSEN, CSBN 214150 Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] FAX: [phone] e d w ar d . o l s e n @ u s d o j . go v Attorneys for Respondents

**E-Filed 5/19/09**

8 9 10 11 12 13 14 15 16 17 18 19 20 21 The parties, by and through their attorneys of record, hereby stipulate, subject to approval of 22 the Court, to extend the hearing date in the above-entitled matter from May 22, 2009, to July 10, 23 2009, in light of the fact that the United States Court of Appeals for the Ninth Circuit has not yet 24 issued an opinion in Rajinder Singh v. Holder, Appeal No. 07-16988. In that appeal, the Ninth 25 Circuit is expected to resolve the question of whether a district court can, as a prudential matter, 26 dismiss a habeas petition and require an alien to exhaust his or her administrative remedies with 27 the BIA where, as here, the alien alleges that his or her attorney failed to file a petition for review 28 STIPULATION C-08-5729-JF v. MICHAEL CHERTOFF, Secretary, Department of Homeland Security; NANCY ALCANTAR, Field Office Director, Immigration and Customs Enforcement; and MICHAEL MUKASEY, Attorney General of the United States, Respondents. ARACELY DE JESUS FAJARDO GARCIA, Petitioner , ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 08-5729-JF STIPULATION TO EXTEND DATE OF HEARING; AND ------------------- ORDER [PROPOSED] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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of a decision by the BIA with the Ninth Circuit. The Ninth Circuit heard oral argument in the appeal on January 13, 2009. In addition, counsel for the respondents will be in trial from May 18 through May 28, 2009. The parties further stipulate to extend the stay of the petitioner's removal through July 24, 2009.

Date: May 15, 2009

Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney

/s/ EDWARD A. OLSEN Assistant United States Attorney Attorneys for Respondents

Date: May 15, 2009 15 16 17 18 -[-P---O-P---S-----] ORDER - R - - O - ED

/s/ J AMES TODD BENNETT, Esq. Attorney for Petitioner

Pursuant to stipulation, IT IS SO ORDERED. 19 20 21 22 23 24 25 26 27 28 STIPULATION C-08-5729-JF 19 Dated: May ___, 2009 _____________________________ J EREMY FOGEL United States District Judge

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