Casimiro v. Holder et al

Filing 10

STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE AND HEARING DATE. Motion Hearing set for 6/19/2013 02:00 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 5/6/13. (cl, COURT STAFF) (Filed on 5/6/2013)

Case3:13-cv-01936-RS Document9 Filed05/03/13 Page1 of 3

1 MELINDA HAAG (CABN 132612)
United States Attorney
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ALEX G. TSE (CABN 152348)
3 Chief, Civil Division
4 REBECCA A. FALK (CSBN 226798)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
6 San Francisco, California 94102-3495
Telephone: [phone]
7 FAX: [phone]
[e-mail]
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Attorneys for Respondents
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KEVIN M. CRABTREE (CSBN 238162)
10 Law Office of Robert L. Lewis
428 - 13th Street, 7th Floor
11 Oakland, CA 94612
T: [phone]
12 F: [phone]
www.immigrantdefense.com
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Attorney for Petitioner
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JOSELITO CASIMIRO,
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Plaintiff,
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v.
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ERIC H. HOLDER, JR. ATTORNEY
GENERAL, JANET NAPOLITANO,
SECRETARY, DHS, JOHN MORTON,
ASSISTANT SECRETARY USICE;
TIMOTHY AIKEN, FIELD OFFICE
DIRECTOR, USICE,

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CASE NO. 13-01936 RS
STIPULATION AND [PROPOSED] ORDER
REGARDING BRIEFING SCHEDULE AND
HEARING DATE
[PURSUANT TO CIVIL LOCAL RULE 7-12]

Defendant.

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STIPULATION REGARDING BRIEFING SCHEDULE AND HEARING DATE
13-01936 RS

Case3:13-cv-01936-RS Document9 Filed05/03/13 Page2 of 3

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Petitioner Joselito Casimiro (“Petitioner”) and respondents Eric Holder, Jr., Janet Napolitano,

2 John Morton and Timothy Aiken (“Respondents”), by and through their respective counsel, hereby
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stipulate as follows:
1.

On April 29, 2013, Petitioner filed a Petition For A Writ of Habeas Corpus claiming that

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his counsel failed to file a Ninth Circuit petition for review, including a Request for Temporary
Restraining Order and Motion for Stay of Removal (Dkt. No. 1);
2.

On the same day, this Court entered a temporary restraining order staying Petitioner’s

9 deportation (Dkt. No. 2);
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3.

On May 1, 2013, pursuant to this Court’s Order, Respondents file a Return stating their

position that this Court lacks jurisdiction over this matter (Dkt. No. 3);

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4.

On May 1, 2013, Petitioner filed an Amended Petition For A Writ of Habeas Corpus

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(Dkt. No. 5, 6);

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5.

On May 2, 2013 Petitioner filed a Motion to Stay Removal (Dkt. No. 7);

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6.

On May 2, 2013, the parties appeared for a hearing before this Court, at which time this

17 Court requested briefing on Petitioner’s Amended Petition For A Writ of Habeas Corpus and Motion to
18 Stay Removal, and that the parties agree on a hearing date;
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7.

The parties have agreed that Respondents will file their Return to Petitioner’s Amended

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Petition For A Writ of Habeas Corpus and Motion to Stay Removal (Dkt. No. 5, 6, 7) on May 29, 2013
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and Petitioner will file his Traverse on June 12, 2013;
8.

The parties have further agreed that this matter should be set for hearing with this Court

24 on June 19, 2013 at 2 p.m.; and
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9.

Respondents agree that they will not remove Petitioner to the Philippines until after the

hearing set for June 19, 2013.

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STIPULATION REGARDING BRIEFING SCHEDULE AND HEARING DATE
13-01936 RS

Case3:13-cv-01936-RS Document9 Filed05/03/13 Page3 of 3

THEREFORE, IT IS HEREBY STIPULATED by and between Petitioner and Respondents

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2 that Respondents will file their Return to Petitioner’s Amended Petition For A Writ of Habeas Corpus
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and Motion to Stay Removal (Dkt. No. 5, 6, 7) on May 29, 2013 and Petitioner will file his Traverse on
June 12, 2013 that this matter should be set for hearing with this Court on June 19, 2013 at 2 p.m.; and

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that Respondents will not remove Petitioner to the Philippines until after the hearing set for June 19,
2013.

Dated: May 3, 2013

Respectfully Submitted,

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/s/ Kevin M. Crabtree
KEVIN M. CRABTREE
Attorney for Petitioner

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13 Dated: May 3, 2013

Respectfully Submitted,

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MELINDA HAAG
United States Attorney

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/s/Rebecca A. Falk
REBECCA FALK 1
Assistant United States Attorney
Attorney for Respondents

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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5/6/13
23 DATED:
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_______________________________________
HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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I, Rebecca A. Falk, hereby attest, in accordance with the Civil L.R. 5(i)(3), the concurrence in
the filing of this document has been obtained from the other signatory listed here.
STIPULATION REGARDING BRIEFING SCHEDULE AND HEARING DATE
13-01936 RS