Lemus v. Holder et al

Filing 4

ORDER re 2 granting STIPULATION to a Briefing Schedule and Other Matters. Motion Hearing set for 10/8/2009 02:00 PM.. Signed by Judge Claudia Wilken on 8/18/09. (scc, COURT STAFF) (Filed on 8/18/2009)

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JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney JOANN M. SWANSON, CSBN 88143 Chief, Civil Division EDWARD A. OLSEN, CSBN 214150 Assistant United States Attorney 1301 Clay Street, Suite 340S Oakland, California 94612 Telephone: [phone] FAX: [phone] Attorneys for Respondents UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) Petitioner, ) ) v. ) ) ERIC HOLDER, Attorney General of the ) United States; CHARLES DEMORE, ) Acting District Director, San Francisco ) Office, U.S. Immigration and Naturalization ) Service, ) ) Respondents. ) ) ) ERIKA LEMUS No. C 09-3680-CW

STIPULATION TO A BRIEFING SCHEDULE AND OTHER MATTERS; AND ORDER

The petitioner has filed a Petition for Writ of Habeas Corpus, along with a Request for an Emergency Stay of Removal. The petitioner alleges that she received ineffective assistance from her former attorney in connection with her removal proceedings. The petitioner is currently scheduled to report for removal from the United States on August 11, 2009. The parties hereby stipulate to the following: Briefing Schedule Respondents' Return to the Habeas Petition: Petitioner's Reply: Hearing:
STIPULATION TO A BRIEFING SCHEDULE C 09-3680-CW

September 11, 2009 September 18, 2009 October 8, 2009, at 2:00 p.m.

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Stay of Removal and Withdrawal of Request for an Emergency Stay of Removal The parties further stipulate that the United States Immigration and Customs Enforcement will stay the petitioner's removal until October 22, 2009, and that the petitioner hereby withdraws her Request for an Emergency Stay of Removal.

Dated: August 12, 2009

Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney

/s/ EDWARD A. OLSEN Assistant United States Attorney Dated: August 12, 2009 /s/ FRANK SPROULS Attorney for Petitioner

ORDER Pursuant to stipulation, IT IS SO ORDERED. Dated: August 18, 2009 _________________________________ CLAUDIA WILKEN United States District Judge

STIPULATION TO A BRIEFING SCHEDULE C 09-3680-CW

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