Garcia v. Chertoff et al

Filing 7

ORDER APPROVING 6 STIPULATION TO VACATE THE BRIEFING SCHEDULE AND HEARING DATE. The Motion Hearing set for 2/6/2009 is VACATED. Signed by Judge Jeremy Fogel on 1/26/09. (jflc2, COURT STAFF) (Filed on 1/26/2009)

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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: [phone] FAX: [phone] Attorneys for Respondents

**E-Filed 1/26/09**

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 vacate the briefing 23 schedule and vacate the hearing date in this matter based on the fact that the parties are currently 24 discussing ways of either administratively resolving the matter or placing the case in abeyance 25 pending resolution of an appeal that was argued at the United States Court of Appeals for the 26 Ninth Circuit on January 13, 2009, and which may resolve some of the issues present in the habeas 27 petition. 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 VACATE THE BRIEFING SCHEDULE AND HEARING DATE; AND ------------------ ORDER [PROPOSED] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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The parties will submit a revised briefing schedule and a proposed hearing date within one week of the submission of this stipulation. The Respondents agree to stay Petitioner's removal through February 20, 2009, subject to further stay upon the filing of a revised briefing schedule.

Date: January 23, 2009

Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney

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

Date: January 23, 2009 13 14 15 16 17 18 19 Dat e: 20 21 22 23 24 25 26 27 28 STIPULATION C-08-5729-JF 1/26/09

/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

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