Mann v. Holder et al

Filing 19

STIPULATION AND ORDER TO RESET BRIEFING [AS MODIFIED BY THE COURT]. Signed by Judge Yvonne Gonzalez Rogers on 11/2/12. (fs, COURT STAFF) (Filed on 11/2/2012)

1 MELINDA L. HAAG
United States Attorney
2 ALEX TSE
Chief, Civil Division
3 ILA C. DEISS, NY SBN 3052909
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
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San Francisco, California 94102
Telephone: [phone]
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FAX: [phone]
7 Attorneys for Respondents
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

11 BALDEV SINGH MANN a.k.a
BHADAR SINGH,
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Petitioner,
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v.
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ERIC HOLDER, U.S. Attorney General;
15 JANET NAPOLITANO, Secretary of the
Department of Homeland Security;
16 TIMOTHY AITKEN, Field Director of
Detention and Removal of Immigration &
17 Customs Enforcement,
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Respondents.

No. C 12-4712 YGR
STIPULATION TO RESET BRIEFING
SCHEDULE; AND [PROPOSED] ORDER
(AS MODIFIED BY THE COURT)

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On September 10, 2012, Petitioner has filed a Petition for a Writ of habeas Corpus and

21 Emergency Request for Stay of Deportation. (ECF No. 1). Respondents had agreed not to remove
22 Petitioner prior to October 31, 2012. On October 30, 2012, the Court granted Petitioner’s stay
23 request until November 6, 2012, and directed the parties to brief whether the habeas petition is
24 moot in light of the agency’s issuance of a Notice of Intent to Deny (“NOID”) the adjustment of
25 status application. (ECF No. 16). On November 1, 2012, Petitioner indicated that he intends to
26 submit evidence to the agency within the 30 days permitted by the NOID and contends that for
27 now, the petition is not moot. (ECF No. 17).
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Stipulation to Reset Briefing Schedule
C12-4712 YGR

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In order to allow United States Citizenship and Immigration Services time to consider any

2 response to the NOID and to see if this matter can be resolved without further litigation,
3 Respondents agree not to remove Petitioner to India before November 26, 2012 and Respondents
4 ask for additional time to reply to Petitioner’s November 1, 2012 submission:
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Respondents’ Reply:

November 26, 2012

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8 Date: November 2, 2012

Respectfully submitted,

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MELINDA L. HAAG
United States Attorney

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_________/s/________________
ILA DEISS
Assistant United States Attorney

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15 Date: November 2, 2012

__________/s/_______________
SAAD AHMAD
Attorney, pro hac vice, for Petitioner

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ORDER

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In light of the parties’ Stipulation, and good cause showing, Respondents’ Reply is due

21 November 26, 2012. Petitioner’s deportation is stayed until November 30, 2012. Respondents’
22 may not remove Petitioner from the United States prior to this date. This Order terminates Dkt. No.
23 18.
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IT IS SO ORDERED.

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Date: November 2, 2012
YVONNE GONZALEZ ROGERS

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United States District Judge

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Stipulation to Reset Briefing Schedule
C12-4712 YGR

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