Lantano v. Mayorkas et al

Filing 19

ORDER requiring supplemental briefing regarding 17 MOTION to Dismiss for lack of jurisdiction and failure to state a claim filed by Alejandro Mayorkas, Mark Hazuda. The Government's brief is due on or before July 16, 2014. Plaintiff's brief is due on or before July 30, 2014. The July 3, 2014 hearing is VACATED. Signed by Judge Kandis A. Westmore on 7/2/2014. (kawlc1, COURT STAFF) (Filed on 7/2/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TITO LANTANO, Case No. 13-cv-05771-KAW Plaintiff, 8 ORDER REQUIRING SUPPLEMENTAL BRIEFING; ORDER VACATING JULY 3, 2014 HEARING v. 9 10 ALEJANDRO MAYORKAS, et al., Dkt. No. 17 Defendants. United States District Court Northern District of California 11 12 13 Upon review of the moving papers, the Court orders the parties to submit supplemental 14 briefing on whether the two year filing period, promulgated in 8 C.F.R. 208.21(d), is subject to 15 equitable tolling, independent of any extension that may be granted for humanitarian reasons. 16 In addition, the Government should specifically address congressional intent, and whether 17 8 U.S.C. § 1158(b)(3)(A) was designed “to protect the rights of unsophisticated claimants... [such 18 that] agencies (and reviewing courts) may best honor congressional intent by presuming that 19 statutory deadlines [ ] are subject to equitable tolling, just as courts presume comparable judicial 20 deadlines under such statutes may be tolled.” Sebelius v. Auburn Reg'l Med. Ctr., 133 S. Ct. 817, 21 830 (2013) (Sotomayor, J., concurring). The Government should also address the previous 22 versions of this statute that were in effect at the time Plaintiff applied for asylum in 1994 versus 23 the statute that was in effect when asylum was granted in 2003. 24 25 26 The Government’s brief is due on or before July 16, 2014. Plaintiff’s brief is due on or before July 30, 2014. The briefs shall not exceed ten pages. There will be no reply. Upon review of the parties’ submissions, the Court will determine whether a hearing is 27 necessary or if the motion may be decided without further briefing or oral argument pursuant to 28 Civil Local Rule 7-1(b). 1 The July 3, 2014 hearing on Defendants’ motion to dismiss is VACATED. 2 IT IS SO ORDERED. 3 4 5 Dated: July 2, 2014 ______________________________________ KANDIS A. WESTMORE United States Magistrate Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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