Wang et al v. Chertoff

Filing 10

STIPULATION AND ORDER to Dismiss Case re 9 Stipulation filed by Michael Chertoff, Emilio T. Gonzales, Robert S. Mueller, III. The Court terminates all pending hearings, motions and deadlines. The Clerk shall close this file. Signed by Judge James Ware on 2/8/2008. (ecg, COURT STAFF) (Filed on 2/8/2008)

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Wang et al v. Chertoff Doc. 10 Case 5:07-cv-05247-JW Document 10 Filed 02/08/2008 Page 1 of 2 1 J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 9 10 11 12 XINQUAN WANG and FEI LI, 13 14 v. P l ai n ti ff s, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) No. C 07-5247 JW ) ) ) STIPULATION TO DISMISS; AND ) [PROPOSED] ORDER ) ) ) ) ) ) ) ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7124 FAX: (415) 436-7169 15 MICHAEL CHERTOFF, as Secretary of U.S. Department of Homeland Security; 16 EMILIO T. GONZALES, as Director of U.S. Citizenship and Immigration Services; 17 ROBERT S. MUELLER, III, as Director of Federal Bureau of Investigation, 18 D ef en d a n t s . 19 20 Plaintiffs, appearing pro se, and Defendants by and through their attorney of record, hereby 21 stipulate, subject to the approval of the Court, to dismissal of the action based on the following: 22 1. Plaintiffs filed a Form I-485 application to adjust their status to lawful permanent resident 23 with the United States Citizenship and Immigration Services (USCIS) on or about September 22, 24 2005. 25 26 2. Plaintiffs' name checks are completed. 3. Plaintiff Xinquan Wang and his derivative spouse, Fei Li's adjustment of status applications 27 are based on a Form I-140 visa petition for immigrant worker filed by Mr. Wang. The Form 1-140 28 visa petition was approved on March 1, 2006, in the second preference employment category for Stipulation to Dismiss C07-5247 JW 1 Case 5:07-cv-05247-JW Document 10 Filed 02/08/2008 Page 2 of 2 1 advanced degree professionals. 2 4. The priority date for visa number purposes in Plaintiffs' case is the date Plaintiff Wang's 3 visa petition was filed with USCIS: September 22, 2005. 4 5. The State Department's Visa Bulletin for December 2007, January 2008 and February 2008 5 indicates that the visa numbers for second preference workers from China is January 1, 2003. 6 6. Since Plaintiffs' priority date is September 22, 2005, the USCIS will not be able to 7 complete Plaintiffs' applications until a visa number becomes available to them. 8 7. Therefore, the parties stipulate to dismiss the case on the condition that USCIS will 9 adjudicate Plaintiffs' case within 30 days once the visa number becomes available. 10 8. Each of the parties shall bear their own costs and fees. Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney 11 Dated: February 4, 2008 12 13 14 15 16 17 18 Dated: February 4, 2008 19 20 21 22 23 24 Date: February 8, 2008 25 26 27 28 Stipulation to Dismiss C07-5247 JW 2 /s/ ILA C. DEISS Assistant United States Attorney Attorney for Defendants /s/ XINQUAN WANG FEI LI Pro se O RD ER Pursuant to stipulation, IT IS SO ORDERED. The Court terminates all pending hearings, deadlines and motions. The Clerk shall close this file. JAMES WARE United States District Judge

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