Kashannejad v. United States Citizenship and Immigration Services et al

Filing 197

ORDER re 196 Plaintiff's Notice of Compliance and Request for Clarification and Reconsideration. Signed by Judge Edward M. Chen on 4/3/2013. (emclc1, COURT STAFF) (Filed on 4/3/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 JAMSHID S. KASHANNEJAD, 9 11 For the Northern District of California United States District Court 10 Plaintiff, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, et al., 12 13 No. C-11-2228 EMC ORDER RE PLAINTIFF’S NOTICE OF COMPLIANCE AND REQUEST FOR CLARIFICATION AND RECONSIDERATION (Docket No. 196) Defendants. ___________________________________/ 14 15 16 Plaintiff has filed a document titled “Notice of Compliance with the Court’s Order and 17 Request for Clarification and Reconsideration.” See Docket No. 196 (notice and request). Having 18 reviewed that document and its accompanying submissions, the Court hereby rules as follows. 19 1. Plaintiff has legitimately raised the question of whether the airline will allow him to 20 board and/or whether CBP will allow him to enter because, even though he timely purchased a ticket 21 from Emirates, the date of travel was not within two weeks thereafter. An e-mail written by Mr. 22 Lawrence to Ms. Hafezalsehe (Emirates) dated February 27, 2013, suggests that travel within two 23 weeks after the purchase date was required. See Docket No. 188 (Exhibit A) (stating that the 24 transportation “letters have expired, but per Bruce Mulraney of CBP, the United States will honor 25 the travel letter so long as Mr. Kashannejad purchases his ticket this week and travels to Los 26 Angeles (LAX) within two weeks thereafter”) (emphasis added). This requirement was not suggested 27 in Defendants’ prior filings. See, e.g., Docket No. 185 (Defs.’ Status Report at 3); Docket No. 185 28 (Exhibit A) (e-mail from Mr. Lawrence to Ms. Hafezalsehe dated February 19, 2013) (asking 1 whether Emirates will sell “Mr. Kashannejad a ticket to Los Angeles if he returns to your office in 2 the next two weeks with the same documentation he previously provided”; not making mention of 3 any requirement to travel within a certain period). Accordingly, the Court hereby orders 4 Defendants to take all necessary measures to ensure that Mr. Kashannejad will not be 5 prevented from returning to the United States because his date of travel is April 14, 2013 (i.e., 6 more than two weeks after the date of purchase of the ticket). This includes contacting 7 Emirates as well as CBP. 8 2. Plaintiff has essentially asked the Court what he should do if, for whatever reason, he (Mot. at 5-6). At this point, Plaintiff is engaging in speculation and is further asking the Court to 11 For the Northern District of California is prevented from returning to the United States on or about April 14, 2013. See Docket No. 196 10 United States District Court 9 speculate as well. The Court shall not issue an advisory opinion. As the Court previously held, 12 there shall be an entry of judgment and case closure on April 15, 2013. If Plaintiff wishes to file any 13 post-judgment motions, the Court will deal with the issue at that time. 14 15 IT IS SO ORDERED. 16 17 Dated: April 3, 2013 18 _________________________ EDWARD M. CHEN United States District Judge 19 20 21 22 23 24 25 26 27 28 2

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