Garcia v. Chertoff et al

Filing 5

ORDER APPROVING 4 STIPULATION TO WITHDRAW MOTION FOR EMERGENCY STAY OF REMOVAL; TO STAY THE PETITIONER'S REMOVAL; AND TO A BRIEFING SCHEDULE. Signed by Judge Jeremy Fogel on 1/5/08. (jflc2, COURT STAFF) (Filed on 1/5/2009)

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1 2 3 4 5 6 7 J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney J OANN M. SWANSON, CSBN 88143 Assistant United States Attorney Acting Chief, Civil Division EDWARD A. OLSEN, CSBN 214150 Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6915 FAX: (415) 436-6927 Attorneys for Respondents **E-Filed 1/5/09** 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Petitioner, by and through her attorney of record, and respondents, by and through their 22 attorneys of record, hereby stipulate, subject to approval to the Court, to the following: 23 1. The petitioner withdraws her motion for an emergency stay of removal without prejudice. 24 2. The respondents agree to stay the petitioner's removal through February 20, 2009. 25 3. The parties agree to the following briefing schedule: 26 // 27 // 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 WITHDRAW MOTION FOR EMERGENCY STAY OF REMOVAL; TO STAY THE PETITIONER'S REMOVAL; AND TO A BRIEFING -----------------SCHEDULE; AND [PROPOSED] ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 1 1 2 3 4 5 6 7 8 9 10 11 12 13 Respondents' Return in Opposition to Habeas Petition: Petitioner's Reply: H e ar i n g: J anuary 23, 2009 J anuary 30, 2009 February 6, 2009 at 9:00 a.m. Date: December 24, 2008 Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney /s/ EDWARD A. OLSEN Assistant United States Attorney Attorneys for Respondents Date: December 24, 2008 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION C-08-5729-JF Date: 1/5/09 /s/ J AMES TODD BENNETT, Esq. Attorney for Petitioner O RD ER Pursuant to stipulation, IT IS SO ORDERED. JEREMY FOGEL United States District Judge 2

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