Janjua v. Neufeld et al

Filing 35

STIPULATION AND ORDER re 34 Stipulation extending reply date and resetting MOTIONS for Summary Judgment from 6/15/2017 to 6/29/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 5/30/17. (bpfS, COURT STAFF) (Filed on 5/30/2017)

Case 3:15-cv-05475-EMC Document 34 Filed 05/22/17 Page 1 of 3

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CHAD A. READLER
United States Department of Justice
Acting Assistant Attorney General,
Civil Division
WILLIAM C. PEACHEY
Office of Immigration Litigation
Director, District Court Section
GISELA A. WESTWATER
Assistant Director, District Court Section
Office of Immigration Litigation
GLADYS M. STEFFENS GUZMÁN
Office of Immigration Litigation
Department of Justice, Civil Division
Trial Attorney, District Court Section
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendants

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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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KHALIL JANJUA,
Plaintiff,

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JOINT STIPULATION TO EXTEND
DEFENDANTS’ REPLY UP TO AND
INCLUDING FRIDAY, JUNE 1, 2017, AND
TO RESCHEDULE THE JUNE 15, 2017
HEARING

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vs.

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Case No.: 3:15-cv-05475

DONALD NEUFELD, ET. AL.

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Defendants

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Joint Stipulation to Extend Defendants’ Reply Deadline
Up to and Including Friday, June 1, 2017, and to
Reschedule the June 15, 2017 Hearing
Case No.: 3:15-cv-05475

Judge: Hon. Edward M. Chen

Case 3:15-cv-05475-EMC Document 34 Filed 05/22/17 Page 2 of 3

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In this immigration case, Plaintiff Khalil Janjua (“Janjua”) filed an amended complaint
on August 4, 2016, challenging – under the Administrative Procedure Act (“APA”) –United
States Citizenship and Immigration Services’ (“USCIS”) denial of his application to adjust his

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immigration status to that of a lawful permanent resident. Defendants filed their answer to

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Janjua’s amended complaint on August 16, 2016. The parties agree that discovery is

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inappropriate because judicial review in cases brought under the APA is limited to “the whole

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record or those parts of it cited by a party.” 5 U.S.C. § 706; see also Citizens to Preserve

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Overton Park, Inc. v. Volpe, 401 U.S. 402 (1971).

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Since then, the parties have both moved for summary judgment. The parties now

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stipulate to extend Defendants’ time in which to file their reply in support of their motion for

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summary judgment up to and including Friday, June 1, 2017, only nine days after the original

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filing deadline of May 24, 2017.

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The parties respectfully suggest that, in light of their agreement on the above matters, the

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Court should vacate the hearing now scheduled for Thursday, June 15, 2017, at 1:30 p.m. and
schedule a hearing on the pending motions for summary judgment at a later date.
Dated: May 22, 2017

Respectfully submitted,

/s/ Robert B. Jobe
ROBERT B. JOBE
The Law Office of Robert B. Jobe
ANNA BENVENUE
Director, Appellate Writing Group
550 Kearny Street, Suite 200
San Francisco, California 94108
Tel: [phone]
Fax: [phone]
Email: [e-mail]

CHAD A. READLER
Acting Assistant Attorney General

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Attorneys for Petitioner

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Joint Stipulation to Extend Defendants’ Reply Deadline
Up to and Including Friday, June 1, 2017, and to
Reschedule the June 15, 2017 Hearing
Case No.: 3:15-cv-05475

WILLIAM C. PEACHEY
Director, District Court Section
GISELA A. WESTWATER
Assistant Director, District Court Section
/s/ Gladys M. Steffens Guzmán
GLADYS M. STEFFENS GUZMÁN
Trial Attorney
United States Department of Justice
Civil Division
Office of Immigration Litigation
District Court Division

Case 3:15-cv-05475-EMC Document 34 Filed 05/22/17 Page 3 of 3

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Tel: [phone]
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Attorneys for Defendants

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Joint Stipulation to Extend Defendants’ Reply Deadline
Up to and Including Friday, June 1, 2017, and to
Reschedule the June 15, 2017 Hearing
Case No.: 3:15-cv-05475