Benitez-Field v. Holder et al

Filing 68

ORDER granting 66 MOTION to Continue filed by Lourdes Kathleen Benitez-Fieldre. The hearing scheduled for January 9, 2017 is VACATED and RESET for February 1, 2017, at 1:30 p.m., in the Russell Smith Courthouse in Missoula, Montana. Signed by Judge Dana L. Christensen on 1/6/2017. (NOS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
CV 13-31-M-DLC

LOURDES KATI-ILEEN
BENITEZ-FIELD,
Alien Number 200-089-980,

ORDER
Plaintiff,
vs.
ERIC HOLDER, Attorney General of
the United States; JEH JOHNSON,
Secretary of Department of Homeland
Security; LAURENCE CARROLL,
Supervising Detention and Deportation
Officer, Immigration & Customs
Enforcement, Helena Detention and
Removal Office; TODD
MCWHORTER, Acting Field Office
Director, Immigration & Customs
Enforcement, Salt Lake City Detention
and Removal Office; and DIRECTOR,
USCIS Vermont Service Center,
Defendants.
Plaintiff Lourdes Kathleen Benitez-Field has moved to continue the motions
hearing scheduled for January 9, 2016. As grounds for the continuance, Plaintiff
states that she has contacted multiple attorneys but has been unsuccessful in
securing representation. (See Doc. 66-1 at 1-3 (providing a list of attorneys that
she has contacted).) However, Plaintiff states that on January 5, 2016, she
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received a phone call from an attorney who has expressed interest in reviewing
Plaintiffs case and possibly providing representation. Plaintiff requests a three
week extension to meet with her potential attorney and allow him to familiarize
himself with the case.
Defendants oppose this motion and argue that the motions hearing has
already been continued multiple times. Additionally, the subjects of the motions
hearing, i.e., the motion for a temporary restraining order/preliminary injunction
(Doc. 29) and the motion to dismiss (Doc. 39), are fully briefed and have been
pending since October of 2016. Any further delay of the resolution of these
motions, Defendants argue, would run counter to the public's interest in the swift
resolution of immigration matters.
The Court agrees with Defendants that litigation of this matter has been
protracted. Notwithstanding the fact that the Court indicated in a previous Order
that no further continuances would be granted, Plaintiff has shown a good faith
attempt to secure representation before the January 9, 2016 hearing and appears to
be nearing that goal. Due to the complexity of the issues presented in motion for a
temporary restraining order/preliminary injunction and the motion to dismiss, the
Court will grant the requested continuance and reset the hearing for February 1,
2017.
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Accordingly, IT IS ORDERED that Plaintiff Lourdes Kathleen
Benitez-Field's Motion to Continue the Hearing (Doc. 63) is GRANTED. The
hearing scheduled for January 9, 2017 is VACATED and RESET for February 1,
2017, at 1:30 p.m., in the Russell Smith Courthouse in Missoula, Montana.

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DATED this __L day of January, 2017.

Dana L. Christensen, Chief Judge
United States District Court

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