Mendez et al v. Napolitano et al

Filing 25

ORDER DIRECTING RESPONSE. Signed by Judge Charles R. Breyer on 3/10/2015. (crblc1, COURT STAFF) (Filed on 3/10/2015)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 FERNANDO MORENO MENDEZ et al., Petitioners, 12 13 14 15 No. C12-06069 CRB ORDER DIRECTING RESPONSE v. JANET NAPOLITANO et al., Respondents. / 16 17 The parties agreed in their simultaneous supplemental briefing that the Ninth Circuit’s 18 decision is res judicata here. See Resp. Supp. Br. (dkt. 23) at 4-7; Pet. Supp. Br. (dkt. 24) at 19 5. Petitioners asserted, however, that the Ninth Circuit’s decision does not foreclose claim 20 41.f in their present habeas petition. Pet. Supp. Br. at 5-6. That claim pertains to the alleged 21 failure of attorney Meeks to raise the BIA’s failure to reissue the voluntary departure order in 22 its January 29, 2009 order, and the BIA’s unilateral vacating of the voluntary departure 23 applications. Pet. (dkt. 1) ¶ 41.f. Respondents have not had an opportunity to respond to that 24 argument. Accordingly, Respondents are DIRECTED to file a response to Petitioners’ 25 argument as to claim 41.f by 5:00 PM on Friday, March 20, 2015. 26 27 28 IT IS SO ORDERED. Dated: March 10, 2015 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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