Singh et al v. Mayorkas et al

Filing 12

STIPULATION AND ORDER to Hold In Abeyance re 11 Stipulation filed by Harpreet Singh, Surjit Singh, Jasvir Kaur, Sukhninder Kaur. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 11/21/11. (bjtS, COURT STAFF) (Filed on 11/21/2011)

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Robert B. Jobe (State Bar #133089)
Anna L. Benvenue (State Bar #261436)
LAW OFFICE OF ROBERT B. JOBE
550 Kearny Street, Ste. 200
San Francisco, CA 94108
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiffs.

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UNITED STATES DISTRICT COURT FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Administrative Procedure Act Case

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SURJIT SINGH, JASVIR KAUR,
SUKHNINDER KAUR,
HARPREET SINGH,

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Plaintiffs,
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v.
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ALEJANDRO MAYORKAS, DIRECTOR, )
USCIS; GERARD HEINAUER,
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DIRECTOR, USCIS NEBRASKA
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SERVICE CENTER;
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U.S. CITIZENSHIP AND
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IMMIGRATION SERVICES; JANET
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NAPOLITANO, SECRETARY,
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U.S. DEPARTMENT OF HOMELAND
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SECURITY; ERIC H. HOLDER,
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JR., U.S. ATTORNEY GENERAL,
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Defendants.
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SECOND STIPULATION TO HOLD IN
ABEYANCE; [PROPOSED] ORDER

Plaintiffs, by and through their attorneys of record, and Defendants, by and through their

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No. CV 11-1824-MEJ

Second Stipulation to Hold in Abeyance; and [Proposed] Order
CV 11-1824-MEJ

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attorney of record, hereby stipulate to the following:
1. This is an immigration mandamus case under General Order 61 (Immigration Mandamus
Cases). Plaintiffs filed this action on or around April 14, 2011.

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2. On or around June 6, 2011, the Office of the Chief Counsel of the Department of

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Homeland Security (“DHS”) filed a Motion to Reopen for Termination of Asylum, alleging that

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Plaintiff Surjit Singh’s (“Mr. Singh”) asylum case should be reopened.

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3. On or around June 29, 2011, Plaintiff Surjit Singh, through undersigned counsel, filed
an opposition to the DHS’s Motion to Reopen, which remains pending before an immigration judge.
4. Mr. Singh’s eligibility for adjustment of status rests upon his current status as an asylee.
Thus, the outcome of the DHS’s Motion to Reopen is inextricably tied to the litigation of this District
Court action.
5. On August 22, 2011, this Court granted the joint request to hold this action in abeyance

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until November 21, 2011 so that the immigration court could render a decision on the Motion to
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Reopen. In order to allow the immigration court additional time to consider and adjudicate the
DHS’s Motion to Reopen, the parties hereby respectfully request that this Court hold this District
Court action in abeyance for 60 days, until Friday, January 20, 2012. On or before January 20, 2012,
the parties will either stipulate to a new briefing schedule or request that the Court continue to hold
the case in abeyance, depending on the status of the Motion to Reopen.

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DATED:

November 18, 2011

Respectfully Submitted,

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/s/
Robert B. Jobe, Esq.
Anna Benvenue, Esq.
LAW OFFICE OF ROBERT JOBE
550 Kearny, Suite 200
San Francisco, CA 94108
[phone]

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Attorneys for Plaintiffs
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Second Stipulation to Hold in Abeyance; and [Proposed] Order
CV 11-1824-MEJ

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DATED:

November 18, 2011

Respectfully Submitted,

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/s/
Ila C. Deiss, Esq.
Assistant U.S. Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, CA 94102
[phone]

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Attorney for Defendants

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[PROPOSED] ORDER

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Pursuant to stipulation, IT IS SO ORDERED.
DATED: November 21, 2011

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Second Stipulation to Hold in Abeyance; and [Proposed] Order
CV 11-1824-MEJ

_____________________________
Maria-Elena James
United States Chief Magistrate Judge