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

Filing 17

ORDER ENFORCING IMMIGRATION JUDGE SUBPOENA re 1 Petition to Enforce IRS Summons. Signed by Judge Saundra Brown Armstrong, on 03/16/10 ***Civil Case Terminated. (lrc, COURT STAFF) (Filed on 3/17/2010) Modified on 3/18/2010 (jlm, COURT STAFF).

1 JOSEPH P. RUSSONEILLO, 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 1301 Clay Street, Suite 340S 5 Oakland, California 94612 Telephone: [phone] FAX: [phone] Attorneys for Petitioner 8 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) No. 09-2981-SBA ) ) ORDER ENFORCING IMMIGRATION ) JUDGE SUBPOENA ) ) ) ) ) ) )

UNITED STATES DEPARTMENT OF 12 JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, 13 Petitioner, 14 v. 15 NI CHI NGUYEN, 16 Respondent. 17 18 19 20 21 22 23 24 25 26 27 28

)

This matter came before the Court for hearing on March 9, 2010, at 1:00 p.m., on the Order to Show Cause heretofore issued by this Court. The Respondent was served with the Order to Show Cause ("OSC"), as well as the Petition to Enforce a Subpoena, the Memorandum in Support of the Petition, the Declaration of Edward A. Olsen, and the Petitioner's Request for Issuance of an Order to Show Cause, on February 6, 2010. The Respondent has not filed a written response to the OSC and has failed to appear before this Court in response to the OSC. The Court having considered the record herein, including the Petition To Enforce a Subpoena Issued by a United States Immigration Judge, the Memorandum in Support of the Petition, the Declaration of Edward A. Olsen, the Petitioner's Request for Issuance of an Order to Show Cause, and the Status Report Regarding Service of the OSC, as well as the statement of the Petitioner, it is hereby: 1

1

ORDERED that respondent, Ni Chi Nguyen, is ordered to appear at the removal hearing of Lu

2 Thi Pham (A57-960-802) in Immigration Court at 120 Montgomery Street, 9th Floor, Courtroom 16, 3 San Francisco, California, 94104, on April 6, 2010, at 1:00 p.m. At the removal proceeding, the 4 Immigration Judge shall advise the Respondent of his privilege against self-incrimination under the 5 Fifth Amendment. 6 Failure to comply with the instant order may be grounds for a finding of contempt. See, e.g.,

7 United States v. Ayres, 166 F.3d 991, 994-96 (9th Cir. 1999) (affirming finding of contempt, where 8 party failed to comply with court order directing him to provide testimony and produce records to 9 IRS). 10 FURTHER ORDERED that the Clerk of Court shall close this case. Petitioner may move to

11 re-open the case upon a showing that a further hearing or action is necessary. 12 13 14 IT IS SO ORDERED.

15 Dated:3/16/10 16 17 18 19 20 21 22 23 24 25 26 27 28 2 SAUNDRA B. ARMSTRONG United States District Judge