Garcia v. Chertoff et al

Filing 27

ORDER APPROVING 26 SECOND STIPULATION TO EXTEND DATE OF HEARING. The Hearing on the Petition for Writ of Habeas Corpus set for 7/10/2009 is CONTINUED to 9/11/2009 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 7/6/2009. (jflc2, COURT STAFF) (Filed on 7/7/2009)

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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 1301 Clay Street, Suite 340-S Oakland, California 94612 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 7/7/2009**

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 again extend the hearing date in the above-entitled matter from July 10, 2009, to 23 September 11, 2009, in light of the fact that the United States Court of Appeals for the Ninth 24 Circuit has not yet issued an opinion in Rajinder Singh v. Holder, Appeal No. 07-16988. In that 25 appeal, the Ninth Circuit is expected to resolve the question of whether a district court can, as a 26 prudential matter, dismiss a habeas petition and require an alien to exhaust his or her 27 administrative remedies with the BIA where, as here, the alien alleges that his or her attorney 28 STIPULATION TO EXTEND DATE OF HEARING C-08-5729-JF 1 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 SECOND STIPULATION TO EXTEND DATE OF HEARING; AND ------------------[PROPOSED] O RD ER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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failed to file a petition for review of a decision by the BIA with the Ninth Circuit. The Ninth Circuit heard oral argument in the appeal on January 13, 2009. The parties further stipulate to extend the stay of the petitioner's removal through September 25, 2009. The parties recognize that they have asked this Court to extend the date of the hearing on a number of prior occasions and appreciate the Court's patience in this matter.

Date: July 2, 2009

Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney

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

Date: July 2, 2009 16 17 18 19

/s/ J AMES TODD BENNETT, Esq. Attorney for Petitioner --------P-O--ED] ORDER [PRO - --S ----

Pursuant to stipulation, IT IS SO ORDERED. 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND DATE OF HEARING C-08-5729-JF 2 6 Dated: July ___, 2009 _____________________________ J EREMY FOGEL United States District Judge