Wu et al v. Chertoff et al

Filing 17

STIPULATION AND ORDER: That the hearing on 7 Motion for Summary Judgment is set for 7/7/2009 at 01:00 PM. Signed by Judge Saundra Brown Armstrong, on 5/19/09. (lrc, COURT STAFF) (Filed on 5/20/2009) Modified on 5/21/2009 (jlm, COURT STAFF).

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Case 4:08-cv-03541-SBA Document 16 Filed 05/15/2009 Page 1 of 3 1 J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Chief, Civil Division 3 EDWARD A. OLSEN, CSBN 214150 Assistant United States Attorney 4 450 Golden Gate Avenue, Box 36055 5 San Francisco, California 94102 Telephone: (415) 436-6915 6 FAX: (415) 436-6927 7 Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 MU LI WU, 12 YIN YIN LI, ) ) ) 13 P l ai n ti ff s , ) ) 14 v. ) ) 15 MICHAEL CHERTOFF, Secretary, Department ) of Homeland Security; Department of Homeland ) 16 Security; JONATHAN SCHARFEN, Acting ) Director, USCIS; U.S. Citizenship and ) 17 Immigration Services; GERARD HEINAUER, ) Director, USCIS Nebraska Service Center; ) 18 LYNNE SKEIRIK, Director, U.S. Department ) of State, National Visa Center, ) 19 ) D ef en d a n t s . ) 20 ) 21 The plaintiffs, by and through their attorneys of record, and defendants, by and through their 22 attorneys of record, hereby stipulate, subject to approval of the Court, to extend the date of the 23 hearing in this matter in light of the reasonable possibility that this case may become moot in the 24 next thirty days. 25 1. Mu Li Wu ("Wu") is a native and citizen of China who, after receiving a grant of asylum in 26 the United States, filed an I-730 petition with the United States Citizenship and Immigration 27 Services ("USCIS") on behalf of her daughter. 28 STIPULATION TO EXTEND DATE OF HEARING; AND [PROPOSED] ORDER C 08-3541 SBA 1 No. C 08-3541 SBA STIPULATION TO EXTEND HEARING DATE; AND [PROPOSED] ORDER Date: J une 2, 2009 Time: 1:00 p.m. Case 4:08-cv-03541-SBA Document 16 Filed 05/15/2009 Page 2 of 3 1 2. The I-730 petition has been approved by USCIS and Wu's daughter is waiting to be issued a 2 travel document by the USCIS Field Office in Guangzhou, China, for the purpose of traveling to 3 the United States. 4 3. The plaintiffs filed this action under the mandamus statute and the Administrative 5 Procedure Act on July 23, 2008, asking the Court to direct USCIS to promptly issue a travel 6 d o c u m en t . 7 3. The parties filed cross-motions for summary judgment and a hearing on those cross-motions 8 was originally scheduled for January 27, 2009, at 1:00 p.m. 9 4. In light of the fact that, after the filing of the parties' cross-motions for summary judgment, 10 the beneficiary of the approved I-730 was sent an interview notice by the USCIS Field Office in 11 Guangzhou, China, the parties asked this Court to extend the date of the hearing on the cross12 motions by four months in light of their belief that the case could become moot in that period. 13 5. On January 12, 2009, this Court extended the date of the hearing in this matter to June 2, 14 2009, at 1:00 p.m. 15 6. The petitioner was recently informed by the USCIS Field Office in Guangzhou, China, that 16 she should appear in that office to receive paperwork presumably to receive her travel document 17 on May 29, 2009. 18 7. In light of the reasonable probability that this case will be moot shortly, the parties 19 respectfully ask this Court to again vacate the hearing on the parties' cross-motions for summary 20 judgment, currently scheduled for June 2, 2009, at 1:00 p.m., and to re-schedule the hearing for 21 July 7, 2009, at 1:00 p.m., or a date soon thereafter that is convenient for the Court. 22 8. If the case becomes moot in the interim, the parties will file a stipulation to dismiss. If the 23 case does not become moot in the interim, the defendants will file their reply (currently due on 24 May 18, 2009) at least two weeks in advance of the re-scheduled hearing. 25 // 26 // 27 // 28 // STIPULATION TO EXTEND DATE OF HEARING; AND [PROPOSED] ORDER C 08-3541 SBA 2 Case 4:08-cv-03541-SBA Document 16 Filed 05/15/2009 Page 3 of 3 1 Dated: May 15, 2009 2 3 4 5 6 7 Dated: May 15, 2009 8 9 10 11 12 Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney /s/ EDWARD A. OLSEN Assistant United States Attorney Attorneys for Defendants /s/ ROBERT B. JOBE LAW OFFICE OF ROBERT B. JOBE Attorneys for Plaintiffs XPROPOSED] ORDER [ XXXXXXXX Pursuant to stipulation, the June 2, 2009 hearing on the parties' cross-motions for summary judgment is vacated and re-scheduled for July 7, 2009, at 1:00 p.m. If the case becomes moot, the 13 parties shall file a stipulation to dismiss. If the case does not become moot, the defendants' reply shall be due at least two weeks in advance of the July 7, 2009 hearing. 14 19 15 Dated: May ___, 2009 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND DATE OF HEARING; AND [PROPOSED] ORDER C 08-3541 SBA 3 _________________________________ SAUNDRA B. ARMSTRONG UNITED STATES DISTRICT JUDGE

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