Singh et al v. Bardini et al

Filing 10

ORDER re 8 GRANTING JOINT STIPULATION OF VOLUNTARY DISMISSAL. Signed by Judge CLAUDIA WILKEN on 12/16/09. (scc, COURT STAFF) (Filed on 12/16/2009)

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TONY WEST United States Department of Justice Assistant Attorney General, Civil Division ELIZABETH J. STEVENS VSBN 47445 Assistant Director, District Court Section Office of Immigration Litigation SHEREASE PRATT NYSBN 2620912 Trial Attorney Office of Immigration Litigation P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 Telephone: [phone] FAX: [phone] Attorneys for Defendants

9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE COURT, ALL PARTIES, AND COUNSEL OF RECORD: The parties hereby stipulate and agree as follows: Plaintiffs Gurmit Singh, Jatinderbir Singh, Amanbir Singh, and Gurinderbir Singh agree to the stipulated voluntary dismissal of the above-captioned matter, pursuant to the conditions that follow: Joint Stipulation of Voluntary Dismissal 09-cv-4759-CW GURMIT SINGH, JATINDERBIR SINGH, ) AMANBIR SINGH, AND GURINDERBIR ) SINGH, ) ) Plaintiffs, ) ) v. ) ) ) EMILIA BARDINI, Director, San Francisco ) Asylum Office, United States Citizenship ) and Immigration Services; ALEJANDRO ) MAYORKAS, Director, United States ) Citizenship and Immigration Services; ) JANET NAPOLITANO, Secretary, ) Department of Homeland Security; ERIC ) H. HOLDER, JR., Attorney General, ) ) Defendants. ) ) No. 09-cv-4759 CW

JOINT STIPULATION OF VOLUNTARY DISMISSAL

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WHEREAS, on June 15, 2009, Defendant United States Citizenship and Immigration Services (USCIS") issued a Notice of Termination of Asylum Status ("Notice"). The Notice stated, inter alia, that the asylum status of Plaintiff Gurmit Singh, as the principal asylum applicant, was terminated. The Notice further stated that termination of asylum status of a principal applicant results in the termination of asylum status of any children whose asylum status was derived from the approval of the principal's asylum status; WHEREAS, on October 6, 2009, Plaintiff Gurmit Singh, a Legal Permanent Resident, and his three sons, Plaintiffs Jatinderbir Singh, Amanbir Singh, and Gurinderbir Singh, filed the instant action, seeking to enjoin USCIS from enforcing the Notice; WHEREAS, pursuant to Robleto-Pastora v. Holder, 567 F.3d 437, 446 (9th Cir. May 27, 2009), once an alien becomes a lawful permanent resident, the alien is no longer an asylee and thus is "no longer covered by the statutory and regulatory provisions concerning formal termination of asylum status." Id.; WHEREAS, Plaintiff Gurmit Singh had already adjusted his status to that of a Legal Permanent Resident on April 20, 2005, prior to the date that the Notice was issued, Plaintiff Gurmit Singh was no longer an asylee and the Notice had no legal effect upon Plaintiff Gurmit Singh's asylee status; WHEREAS, the asylum status of Plaintiff Gurmit Singh, as the principal applicant, was not terminated by the June 15, 2009, Notice, the asylum status of Plaintiff Gurmit Singh's three sons Plaintiffs Jatinderbir Singh, Amanbir Singh, and Gurinderbir Singh, remained intact and did not terminate as of this Notice, as their asylum status derived from the principal's asylum status; WHEREAS, Plaintiff Gurmit Singh's three sons Plaintiffs Jatinderbir Singh, Amanbir Singh, and Gurinderbir Singh, continue to maintain their asylum status at this time. NOW, THEREFORE, it is hereby STIPULATED AND AGREED, by and among the parties to this Stipulation, through their respective attorneys, that 1. Under Robleto-Pastora, the Notice had no legal effect upon the asylee status of

Plaintiffs Gurmit Singh, Jatinderbir Singh, Amanbir Singh, and Gurinderbir Singh. Plaintiffs Jatinderbir Singh, Amanbir Singh, and Gurinderbir Singh remain asylees at this time. Joint Stipulation of Voluntary Dismissal 09-cv-4759-CW 2

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2.

USCIS will place a copy of this dismissal stipulation in each Plaintiff's file.

USCIS agrees to this condition in order to avoid unnecessarily protracting this litigation. 3. Plaintiffs will not seek attorney's fees or costs under the Equal Access to Justice

Act, or any other provision of law, associated with the above-captioned matter. Each party will bear its own fees and costs. DATED: December 8, 2009. /s/ Jonathan M. Kaufman JONATHAN M. KAUFMAN Jonathan M. Kaufman Attorney at Law 220 Montgomery Street, Suite 976 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Email:[e-mail] Attorney for Plaintiffs DATED: December 8, 2009. TONY WEST Assistant Attorney General, Civil Division United States Department of Justice ELIZABETH J. STEVENS Assistant Director, District Court Section Civil Division, Office of Immigration Litigation /s/ Sherease Pratt SHEREASE PRATT1 Trial Attorney, District Court Section Civil Division, Office of Immigration Litigation United States Department of Justice P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 Phone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants

ORDER Based upon the stipulation of the parties, IT IS HEREBY ORDERED that the Complaint is dismissed. SO ORDERED. 16 Date: December ___, 2009. ___________________________ C L A U D IA WILKEN U n ite d States District Judge

I, Sherease Pratt, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document. Joint Stipulation of Voluntary Dismissal 09-cv-4759-CW

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