Dhariwal v. Heinauer et al

Filing 11

ORDER SETTING DEADLINE TO FILE SECOND JOINT STATUS REPORT re 10 Status Report. This matter is hereby held in abeyance for 90 days. Status Report due by 10/4/2010. Signed by Judge James Ware on 7/9/2010. (ecg, COURT STAFF) (Filed on 7/9/2010)

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Dhariwal v. Heinauer et al Doc. 11 1 2 3 4 5 6 7 8 9 10 11 12 Robert B. Jobe (Cal. State Bar #133089) LAW OFFICE OF ROBERT B. JOBE 550 Kearny Street, Suite 200 San Francisco, CA 94108 (415) 956-5513 (phone) (415) 840-0308 (direct fax) UNIT ED Attorneys for Plaintiff Joseph P. Russoniello (Cal. State Bar # 44332) United States Attorney Joann M. Swanson (Cal. State Bar # 88143) Chief. Civil Division Melanie L. Proctor (Cal. State Bar # 22879) Assistant United States Attorney 450 Golden Gate Ave., Box 36055 San Francisco, CA 94102 (415) 436-6730 (415)436-7169 Attorneys for Defendants S S DISTRICT TE C TA ER N F D IS T IC T O R UNITED STATES DISTRICT COURT FOR THE 13 14 15 16 17 18 19 20 21 22 23 24 application to adjust his status to that of a lawful permanent resident ("Form I-485") with the 25 26 27 Stipulation to Continue Hearing Date and Reset Briefing Schedule NORTHERN DISTRICT OF CALIFORNIA DHARIWAL ) ) ) Plaintiff, ) ) ) ) HEINAUER, ET. AL. ) ) ) ) Defendants. ) ____________________________________) No. 5:10-cv-1076-JW JOIINTSTATUS REPORT AND ORDER JO NT CASE STATUS REPORT SETTING SECOND JOINT STATUS REPORT DHS Alien Number: 78-668-973 Plaintiff, SANTOKH SINGH DHARIWAL ("Mr. Dhariwal"), is a native and citizen of India who has been granted asylum in the United States. Eight years ago, Mr. Dhariwal filed an U.S. Citizenship and Immigration Services ("USCIS") formerly the Immigration and 28 No. 3:10-cv-00723-EMC A C Dockets.Justia.com LI FO mes Wa Judge Ja re R NIA ERED O ORD D IT IS S DIFIE AS MO RT U O NO RT H 1 2 3 4 5 6 7 8 9 10 11 12 Naturalization Service).1 His application remains pending at the USCIS office in Mesquite, Texas. On March 12, 2010, Mr. Dhariwal filed a complaint for writ mandamus and declaratory and injunctive relief to compel the completion and immediate release of Mr. Dhariwal's criminal background check results; declare Defendants' failure to adjudicate Mr. Dhariwal's I-485 application filed by to be a violation of INA 209(a), 8 U.S.C. 1159(a), 8 C.F.R. 1209.2, the Administrative Procedure Act, and 28 U.S.C. 1361; and order the USCIS to immediately adjudicate Mr. Dhariwal's I-485 application. Subsequently, the USCIS San Francisco Asylum Office ("Asylum Office") issued a Notice of Intent to Terminate Asylum Status and scheduled an interview for May 13, 2010. On April 26, 2010, Mr. Dhariwal requested copies of all evidence underlying USCIS's intent to terminate Mr. Dhariwal's asylum status and requested that his asylum termination interview be postponed for at least 30 days. Pursuant to Plaintiff's request, the Asylum Office then sent Mr. Dhariwal a notice cancelling the scheduled interview until further notice in order to allow Mr. Dhariwal to obtain and review the evidence underlying the 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of Intent to Terminate his asylum status. On July 2, 2010, the Asylum Office issued a second Notice of Intent to Terminate, setting an interview date of August 19, 2010. // // // // // // // // Pursuant to the Department of Homeland Security Reorganization Plan, Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2135 (2002), 6 U.S.C. 101-557, as of March 1, 2003, the INS was abolished and its functions were transferred to the U.S. Citizenship and Immigration Services ("USCIS") within the Department of Homeland Security ("DHS"). Stipulation to Continue Hearing Date and Reset Briefing Schedule No. 3:10-cv-00723-EMC 1 2 1 2 3 4 5 6 7 8 9 10 11 Based on the foregoing, Plaintiff and Defendants hereby request to hold all matters in this case in abeyance for another ninety (90) days, pending USCIS's completion of Plaintiff's Asylum Termination Interview. Dated: July 6, 2010 Respectfully submitted, By: /s/ Robert B. Jobe ROBERT B. JOBE Attorney for Petitioners /s/Melanie L. Proctor Melanie L. Proctor Assistant U.S. Attorney Attorneys for the Respondents By: PRO*** SED ORDER PO ORDER *** 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Stipulation to Continue Hearing Date and Reset Briefing Schedule Pursuant to the Joint Motion of the parties, IT IS SO ORDERED. This matter is hereby held in abeyance for 90 days. The parties shall file a joint status report no later than October 4, 2010. Dated: July 9, 2010 ______________________________ JAMESEDWARD M. CHEN WARE United StatesdDistrict Magistrate Judge Unite States Judge 28 No. 3:10-cv-00723-EMC 3

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