United States Department of Justice, Executive Office for Immigration Review v. Nguyen et al

Filing 15

ORDER AND FURTHER STATUS REPORT: That the government is directed to provide the Court with a further status report within (6) six weeks of the date of this Order. re 14 Status Report Signed by Judge Saundra Brown Armstrong, on 2/6/09. (lrc, COURT STAFF) (Filed on 2/9/2009) Modified on 2/10/2009 (jlm, COURT STAFF).

1 JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 JOANN 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: [phone] FAX: [phone] Attorneys for Petitioner 8 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) No. 08-5265-SBA ) ) ) FURTHER STATUS REPORT; AND ) ORDER ) ) ) ) )

UNITED STATES DEPARTMENT OF 12 JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, 13 Petitioner, 14 v. 15 NI CHI NGUYEN and CHUNG VAN DO, ) 16 ) 17 18 19 20 Respondents. )

The petitioner hereby submits this further status report in the above-captioned matter. The U.S. Attorney's Office has still not been able to locate either of the respondents in order to

21 properly serve them with the Court's Orders to Show Cause, along with the petition, supporting 22 memorandum, and supporting declaration. The Immigration Judge has moved the removal hearing 23 in Immigration Court to May 1, 2009, and intends to have a status conference with the parties to 24 that proceeding to discuss, among other things, whether any of the parties have suggestions for 25 locating the respondents. In light of the fact that the status conference could potentially develop 26 information which might assist the U.S. Attorney's Office in locating the respondents, the 27 government seeks permission to submit a further status report in six weeks, which will give the 28 Immigration Judge time to schedule a status conference and for the government to report the results of that status conference to this Court. 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ EDWARD A. OLSEN Assistant United States Attorney ORDER In light of the fact that the petitioner has been unable to successfully serve either of the respondents in the above-captioned matter in compliance with Federal Rule of Civil Procedure 4, and in light of the fact that the Immigration Juge has re-scheduled the removal proceeding to May 1, 2009, and will hold a status conference with the parties to determine if any of the parties has suggestions for locating the respondents, the government is directed to provide the Court with a further status report within six weeks of the date of this Order. Dated: February 4, 2009 Respectfully submitted, JOSEPH P. RUSSONEILLO United States Attorney

Dated: February 6, 2009

____________________________________ SAUNDRA B. ARMSTRONG United States District Judge

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