Kashannejad v. United States Citizenship and Immigration Services et al

Filing 70

ORDER Re 68 Plaintiff's Brief of February 22, 2012. Signed by Judge Edward M. Chen on 2/23/2012. (emcsec, COURT STAFF) (Filed on 2/23/2012)

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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 No. C-11-2228 EMC Plaintiff, ORDER RE PLAINTIFF’S BRIEF OF FEBRUARY 22, 2012 v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, et al., (Docket No. 68) 12 13 Defendants. ___________________________________/ 14 15 Plaintiff Jamshid S. Kashannejad has filed a brief in which he takes issue with Defendants’ 16 compliance with this Court’s orders and further asks for certain relief. Having considered Mr. 17 Kashannejad’s brief, the Court hereby rules as follows. 18 1. To the extent Mr. Kashannejad asserts that Defendants have failed to comply with the 19 Court’s orders, that contention is rejected. In addition, at this juncture, there is insufficient evidence 20 of “road blocking” or delay by Defendants. 21 2. In his brief Mr. Kashannejad states that he will provide travel-related information to 22 Defendants (i.e., desired date of travel and intended carrier and port of entry) only after Defendants 23 provide the declaration -- due today -- detailing the process by which he is to return to the United 24 States. This statement by Mr, Kashannejad is not acceptable. It makes it impossible for Defendants 25 to comply with the Court’s prior order of January 23, 2012. See Docket No. 63 (order). Under that 26 order, Defendants were required to provide -- by February 23, 2012 -- not only a declaration 27 detailing the process by which Mr. Kashannejad is to return to the United States but also the 28 necessary paperwork for him to return to the United States. 1 3. In light of the circumstances described in (2) above, the Court hereby modifies its 2 prior orders. The Court hereby orders Mr. Kashannejad to provide Defendants with the new desired 3 date of travel and the intended carrier and port of entry by March 1, 2012. Defendants shall then 4 have until March 29, 2012, to provide Mr. Kashannejad with the necessary paperwork to enable his 5 return to the United States. 6 4. As the Court previously ordered, once Mr. Kashannejad purchases a ticket(s), he 7 must provide a copy of his itinerary to Defendants. Mr. Kashannejad must serve a copy of his 8 itinerary on Defendants at least one week before his first date of travel. Mr. Kashannejad should 9 effect service through this Court’s electronic filing system (“ECF”). 11 For the Northern District of California United States District Court 10 12 5. The parties should meet and confer so that Mr. Kashannejad will have at least two weeks’ notice as to when he may pick up the paperwork from Defendants. 6. In addition, the parties should meet and confer to determine whether there is another 13 U.S. embassy (i.e., other than the one in Dubai) where Defendants can have the paperwork ready for 14 Mr. Kashannejad to pick up. This meet and confer must take place by March 1, 2012. By March 15 1, 2012, the parties must also report back to the Court on the results of that meet and confer. Each 16 party shall file a letter brief no longer than two single-spaced pages to report back on the results. If 17 no agreement was reached, then each party should propose what U.S. embassy(ies) should be used. 18 To the extent Mr. Kashannejad maintains that travel to Dubai would be either impossible or very 19 difficult, he must attach to his letter brief competent evidence supporting that claim. A naked 20 assertion that travel to Dubai would not be possible will be given no weight. 21 22 IT IS SO ORDERED. 23 24 Dated: February 23, 2012 25 _________________________ EDWARD M. CHEN United States District Judge 26 27 28 2

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