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

Filing 17

ORDER by Judge Saundra Brown Armstrong, GRANTING 16 Motion to Vacate Case Management Conference. The Telephonic Case Management Conference is CONTINUED to 05/13/09 at 3:00 PM. (lrc, COURT STAFF) (Filed on 2/23/2009) Modified on 2/24/2009 (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 PETITIONER'S REQUEST TO VACATE THE CASE MANAGEMENT CONFERENCE; 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 Respondents. )

The petitioner hereby asks this Court to vacate the case management conference in the above-

20 entitled matter, currently scheduled for February 25, 2009, in light of the following: 21 As set forth in the petitioner's status report of February 4, 2009, the U.S. Attorney's Office has

22 not been able to locate either of the respondents in order to properly serve them with the Court's 23 Orders to Show Cause, along with the petition, supporting memorandum, and supporting 24 declaration. The Immigration Judge has moved the removal hearing in Immigration Court to May 25 1, 2009, and intends to have a status conference with the parties to that proceeding to discuss, 26 among other things, whether any of the parties have suggestions for locating the respondents. 27 On February 4, 2009, in light of the fact that the status conference could potentially develop

28 information which might assist the U.S. Attorney's Office in locating the respondents, the petitioner sought permission to submit a further status report in six weeks, which will give the 1

1 Immigration Judge time to schedule a status conference and for the government to report the results 2 of that status conference to this Court. On February 9, 2009, this Court signed the petitioner's 3 proposed order, directing the government to file a status report within six weeks of the Court's 4 order. 5 In light of the fact that the respondents to this action have not yet been properly served and that

6 the Court has directed the petitioner to file a status report within six weeks of February 9, 2009, the 7 petitioner respectfully asks this Court to vacate the case management conference scheduled for 8 February 25, 2009, as unnecessary. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 /s/ EDWARD A. OLSEN Assistant United States Attorney ORDER The case management conference concurrently for February 25, 2009 is CONTINUED to May 13, 2009, at 3:00 p.m. via telephone. The parties shall meet and confer prior to the conference and shall prepare a joint Case Management Conference Statement which shall be filed no later than ten (10) days prior to the Case Management Conference that complies with the Standing Order For All Judges Of The Northern District Of California and the Standing Order of this Court. Petitioners shall be responsible for filing the statement as well as for arranging the conference call. All parties shall be on the line and shall call [phone] at the above indicated date and time. ____________________________________ SAUNDRA B. ARMSTRONG United States District Judge Dated: February 19, 2009 Respectfully submitted, JOSEPH P. RUSSONEILLO United States Attorney

25 Dated: February 23, 2009 26 27 28

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