Garcia v. Chertoff et al

Filing 9

STATUS REPORT AND ORDER re 8 . Signed by Judge Jeremy Fogel on 2/2/09. (dlm, COURT STAFF) (Filed on 2/3/2009)

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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

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 submit this status report. Although the parties advised the Court on 23 January 23, 2009, that they would submit a revised briefing schedule and a proposed hearing date 24 within one week, the parties respectfully request an additional six days to submit their revised 25 briefing schedule based on the fac that they are continuing to discuss ways of either 26 administratively resolving the matter or placing the case in abeyance pending resolution of an 27 appeal that was argued at the United States Court of Appeals for the Ninth Circuit on January 13, 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 STATUS REPORT; AND -----------------[PROPOSED] O RD ER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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2009. With the Court's approval, the parties will submit a revised briefing schedule and a proposed hearing date by February 4, 2009.

Date: January 30, 2009

Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney

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

Date: January 30, 2009 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION C-08-5729-JF Date: 2/2/09

/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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