Jimenez v. Napolitano et al

Filing 30

ORDER LIFTING STAY, ORDER TO SHOW CAUSE RE: DISMISSAL. Petitioner to file a declaration showing what she has done to exhaust her administrative remedies by 7/10/2015. The respondent may file a response by 7/24/2015. Signed by Judge Ronald M. Whyte on 6/25/15. (jgS, COURT STAFF) (Filed on 6/25/2015)

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*E-FILED - 6/25/15*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LETICIA GONZALEZ JIMENEZ,

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CASE NO.: C-12-03558-RMW

Plaintiff,
ORDER LIFTING STAY AND ORDER TO
SHOW CAUSE RE DISMISSAL

v.
JANET NAPOLITANO, et al.,
Defendant.

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On September 30, 2013 the court granted petitioner’s motion to stay her petition for habeas
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corpus pending exhaustion of her administrative remedies. The court’s order staying deportation
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was to remain in effect pending resolution of administrative remedies or the court ordering
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otherwise, whichever occurred first. The parties were to keep the court informed as to the status of
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petitioner’s administrative motion to reopen her case before the BIA.
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The respondent has filed three status reports with the court stating that petitioner has taken
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no action to its knowledge since the court’s September 30, 2013 order. The petitioner did file a
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response after the respondent filed her third status report on June 15, 2015 stating that petitioner had
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no objection to the lifting of the stay. However, the petitioner has not yet filed a motion to reopen
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her case before the BIA dispute having over 32 months to do so. Therefore,
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IT IS HEREBY ORDERED that the stay issued on September 30, 2013 is lifted and
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ORDER TO SHOW CAUSE RE DISMISSAL
No. C-12-03558-RMW
rmw:jc

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petitioner is to show cause WHY THIS CASE SHOULD NOT BE DISMISSED for failure to

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diligently prosecute. Petitioner is to file by July 10, 2015 a declaration showing what she has done

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to exhaust her administrative remedies or otherwise done to pursue her habeas corpus petition and

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brief not to exceed five pages in length explaining why the case should not be dismissed. The

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respondent may file a response by July 24, 2015 not to exceed five pages in length.

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DATED: June 25, 2015

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_______________________________
RONALD M. WHYTE
United States District Judge

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ORDER TO SHOW CAUSE RE DISMISSAL
No. C-12-03558-RMW
rmw:jc