Plascencia-De Haro v. Holder et al

Filing 43

ORDER by Judge Haywood S. Gilliam, Jr. Granting 42 Stipulation Re 41 Order to Show Cause. (ndrS, COURT STAFF) (Filed on 2/5/2016)

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
Civil Division
WILLIAM C. PEACHEY
Director, Office of Immigration Litigation
District Court Section
JEFFREY S. ROBINS
Assistant Director
HANS H. CHEN
Trial Attorney
U.S. Department of Justice, Civil Division
Office of Immigration Litigation, District Court Section
P.O. Box 868, Washington, DC 20044
Tel: [phone]; Fax: [phone]
[e-mail]
ATTORNEYS FOR DEFENDANTS

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GLORIA PLASCENCIA-DE HARO,
Plaintiff,

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v.
ERIC H. HOLDER, JR., Attorney
General of the United States, et al.,
Defendants.

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No. 3:14-cv-03058
STIPULATION TO EXTEND TIME
TO RESPOND TO ORDER TO
SHOW CAUSE

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Pursuant to Local Rules 6-2 and 7-12, Plaintiff Gloria Plascencia-De Haro

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(“Haro”) and Defendants Eric H. Holder, Jr., et al. (“Defendants” and collectively

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with Plaintiff, the “Parties”) stipulate as follows:

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This is an immigration case arising under the Administrative Procedure Act,
5 U.S.C. § 701, in which Plaintiff challenges the denial by United States

STIPULATION
NO. 3:14-CV-03058

UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION
OFFICE OF IMMIGRATION LITIGATION
P.O. BOX 868
WASHINGTON, DC 20044
-1202-307-4469

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Citizenship and Immigration Services of Plaintiff’s application for adjustment of

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status to permanent residence. Plaintiff also seeks to enjoin United States

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Immigration and Customs Enforcement from removing Plaintiff pursuant to an

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order of voluntary departure issued in 1994.

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On April 2, 2015, Defendants filed a Motion to Dismiss for Lack of

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Jurisdiction and for Partial Summary Judgment. (ECF No. 22.) On May 4, 2015,

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Plaintiff filed a motion to stay proceedings pending a decision in the Fifth Circuit

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case of State of Texas v. United States, No. 15-40238 (5th Cir.). (ECF No. 26.)

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Defendants opposed Plaintiff’s motion. (ECF No. 31.) On September 3, 2015, the

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Court heard argument on Defendants’ motion to dismiss and for summary

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judgment and took the pending motions under submission. (ECF No. 40.)
On January 26, 2016, the Court issued an Order to Show Cause directing the

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Parties to address “why this case should not be stayed pending issuance of the

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Supreme Court’s decision” in United States of America, et al. v. State of Texas, et

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al., No. 15-674. (ECF No. 41.) The order directed the Parties to respond by

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February 5, 2016.
The Parties respectfully request and stipulate to an order extending the

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Parties’ time to respond to the Order to Show Cause by fourteen days, from

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February 5, 2016, until and including February 19, 2016. Defendants require that

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extension due to recent inclement weather that closed the offices of Defendants’

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counsel for several days before and after the Court issued its Order to Show Cause,

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followed by several days of travel by Defendants’ counsel to Los Angeles for a

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court hearing in an unrelated matter.
This requested time modification will have no effect on the schedule for this

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case.
In an email dated February 3, 2016, counsel for Plaintiff stated that Plaintiff
would stipulate to a request to extend the Parties’ time to respond to the Order to

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STIPULATION
NO. 3:14-CV-03058

UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION
OFFICE OF IMMIGRATION LITIGATION
P.O. BOX 868
WASHINGTON, DC 20044
-2202-307-4469

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Show Cause, from February 5, 2016, until and including February 19, 2016.

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Undersigned counsel for Defendants attests he has on file all holographic

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signatures corresponding to any signatures indicated by a conformed signature

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(“/s/”) within this Stipulation.
In addition to this Stipulation, previous time modifications in this case

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consist of the following:
On September 25, 2014, the parties stipulated to extend the time for

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Defendants to answer or otherwise respond to the Complaint so that Plaintiff could

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file an amended complaint to account for additional administrative action that had

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occurred since the filing of her original complaint. (ECF No. 10.) On September

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29, 2014, the Court endorsed the stipulation. (ECF No. 11.)

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On March 2, 2015, the Court granted in part and denied in part Defendants’

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February 26, 2015, unopposed motion to extend their February 26, 2015, deadline

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to file their motion for summary judgment until and including April 27, 2015.

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(ECF No. 18.) The Court’s March 2, 2015, order granted Defendants until and

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including March 19, 2015, to file their motion for summary judgment. (ECF No.

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19.)

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On March 20, 2015, Defendants filed a second unopposed motion to extend

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their time to file their motion for summary judgment (ECF No. 20.) On March 20,

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2015, the Court granted Defendants the motion and granted Defendants until and

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including April 2, 2015, to file their motion for summary judgment. (ECF No. 21.)

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On August 12, 2015, the Parties stipulated to continue the hearing date on

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Defendants’ Motion to Dismiss and for Partial Summary Judgment from August

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20, 2015, to September 3, 2015. (ECF No. 38.) On August 13, 2015, the Court

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endorsed the stipulation. (ECF No. 39.)

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Thus, for the reasons set forth above and for good cause show, the Parties
request and stipulate to an order extending the Parties’ time to respond to the Order

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STIPULATION
NO. 3:14-CV-03058

UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION
OFFICE OF IMMIGRATION LITIGATION
P.O. BOX 868
WASHINGTON, DC 20044
-3202-307-4469

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to Show Cause by fourteen days, from February 5, 2016, until and including

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February 19, 2016.

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Dated: February 4, 2016

Respectfully submitted,

LAW OFFICE OF
ROBERT L. LEWIS

BENJAMIN C. MIZER
Principal Deputy
Assistant Attorney General

/s/ Kevin Michael Crabtree
KEVIN MICHAEL CRABTREE
428 13th Street 7th Floor
Oakland, California 94612
[phone]
[phone] (facsimile)
[e-mail]

WILLIAM C. PEACHEY
Director, Office of Immigration Litigation
District Court Section
JEFFREY S. ROBINS
Assistant Director

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/s/ Hans H. Chen
HANS H. CHEN
Trial Attorney
U.S. Department of Justice, Civil Division
Office of Immigration Litigation
District Court Section
P.O. Box 868, Washington, DC 20044
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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ATTORNEYS FOR DEFENDANTS

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: February 5, 2016

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___________________________________
HON. HAYWOOD S. GILLIAM, JR.
United States District Judge

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STIPULATION
NO. 3:14-CV-03058

UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION
OFFICE OF IMMIGRATION LITIGATION
P.O. BOX 868
WASHINGTON, DC 20044
-4202-307-4469

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CERTIFICATE OF SERVICE

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I hereby certify that on February 5, 2016, I filed the foregoing document and

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any exhibits and attachments thereto with the Clerk of the Court through the

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Court’s ECF system and that the foregoing document will be served electronically

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upon registered participants identified on the Notice of Electronic Filing.

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/s/ Hans H. Chen
HANS H. CHEN
Trial Attorney
United States Department of Justice
Civil Division
Office of Immigration Litigation
District Court Section

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ATTORNEYS FOR DEFENDANTS

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Dated: February 5, 2016

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STIPULATION
NO. 3:14-CV-03058

UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION
OFFICE OF IMMIGRATION LITIGATION
P.O. BOX 868
WASHINGTON, DC 20044
-5202-307-4469