Yeshiwas v. United States Citizenship and Immigration Services
Filing
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ORDER Setting Aside Judgment, Reopening Case and Setting Briefing Schedule. Signed by Judge Phyllis J. Hamilton on 11/5/2013. (pjhlc3, COURT STAFF) (Filed on 11/5/2013) (Additional attachment(s) added on 11/5/2013: # 1 Certificate/Proof of Service) (nah, COURT STAFF).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ADERAW YESHIWAS,
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Petitioner,
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v.
U.S. CITIZENSHIP AND
IMMIGRATION SERVICES, et al.,
No. C 12-1719 PJH
ORDER SETTING ASIDE JUDGMENT,
REOPENING CASE AND SETTING
BRIEFING SCHEDULE
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By letter dated October 30, 2013, petitioner Aderaw Yeshiwas informs the court that
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For the Northern District of California
United States District Court
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Respondents.
_______________________________/
his attorney, Daniel Richardson, passed away on October 12, 2013. Petitioner explains
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that due to his attorney’s serious illness that led to his death, he was unable to file a
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supplemental brief in opposition to the motion to dismiss as required by the order entered
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September 19, 2013. Pursuant to petitioner’s request to reopen his case, and for good
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cause shown, the court hereby vacates and sets aside the judgment entered October 22,
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2013, and reopens this proceeding.
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Whether petitioner obtains new counsel, or appears pro se, he must file a
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supplemental brief in opposition to respondents’ motion to dismiss by January 6, 2014. As
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required by the September 19, 2013 order, the supplemental opposition brief must address
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whether the first amended petition for relief from the court’s order of naturalization satisfies
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the procedural requirements of Federal Rule of Civil Procedure 60(b) and (c), and whether
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the first amended petition is timely under the relevant statute of limitations. Respondents
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may file a supplemental reply brief seven (7) days after the supplemental opposition brief is
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filed. The motion to dismiss will be submitted on the papers and no further hearing will be
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held on the matter unless deemed necessary by the court.
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IT IS SO ORDERED.
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Dated: November 5, 2013
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______________________________
PHYLLIS J. HAMILTON
United States District Judge
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