Lantano v. Mayorkas et al
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TITO LANTANO,
Case No. 13-cv-05771-KAW
Plaintiff,
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ORDER REQUIRING SUPPLEMENTAL
BRIEFING; ORDER VACATING
JULY 3, 2014 HEARING
v.
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ALEJANDRO MAYORKAS, et al.,
Dkt. No. 17
Defendants.
United States District Court
Northern District of California
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Upon review of the moving papers, the Court orders the parties to submit supplemental
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briefing on whether the two year filing period, promulgated in 8 C.F.R. 208.21(d), is subject to
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equitable tolling, independent of any extension that may be granted for humanitarian reasons.
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In addition, the Government should specifically address congressional intent, and whether
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8 U.S.C. § 1158(b)(3)(A) was designed “to protect the rights of unsophisticated claimants... [such
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that] agencies (and reviewing courts) may best honor congressional intent by presuming that
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statutory deadlines [ ] are subject to equitable tolling, just as courts presume comparable judicial
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deadlines under such statutes may be tolled.” Sebelius v. Auburn Reg'l Med. Ctr., 133 S. Ct. 817,
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830 (2013) (Sotomayor, J., concurring). The Government should also address the previous
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versions of this statute that were in effect at the time Plaintiff applied for asylum in 1994 versus
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the statute that was in effect when asylum was granted in 2003.
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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
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necessary or if the motion may be decided without further briefing or oral argument pursuant to
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Civil Local Rule 7-1(b).
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The July 3, 2014 hearing on Defendants’ motion to dismiss is VACATED.
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IT IS SO ORDERED.
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Dated: July 2, 2014
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KANDIS A. WESTMORE
United States Magistrate Judge
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United States District Court
Northern District of California
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