Malo et al v. Holder et al

Filing 11

ORDER Granting 10 Defendants' Unopposed Motion Request for Extension of Time to File an Answer or Appropriate Pleading to 1 Complaint. Answer due 8/29/2011. Signed by Chief Judge Roger L. Hunt on 4/11/2011. (Copies have been distributed pursuant to the NEF - SLR)

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TONY WEST
United States Department of Justice
Assistant Attorney General
ELIZABETH J. STEVENS
Assistant Director
Office of Immigration Litigation, District Court Section
ARAM A. GAVOOR
Trial Attorney, District Court Section
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Tel: [phone]

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Attorneys for the United States.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
Rodolfo Alfaro Malo, et al.,
Plaintiffs,
v.
Janet Napolitano, et al.,
Defendants.

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2:10-CV-02257-RLH-PAL
DEFENDANTS’ UNOPPOSED
REQUEST FOR EXTENSION
OF TIME TO FILE AN ANSWER OR
APPROPRIATE PLEADING TO
PLAINTIFFS’ COMPLAINT
(Second Request)

Defendants, by and through their attorneys, Daniel G. Bogden,
United States Attorney for the District of Nevada, Carlos A.
Gonzalez, Assistant United States Attorney, and Aram A. Gavoor,
Trial Attorney, Office of Immigration Litigation - District Court
Section, respectfully request a One-Hundred Twenty (120) day
extension of time, up to and including August 29, 2011, in which
to file a responsive pleading to Plaintiffs’ Complaint.
In support of this request for an extension of time,

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Defendants rely upon the Memorandum of Points and Authorities set

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forth below.

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DATED this 8th day of April, 2011.

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Respectfully submitted,
Daniel G. Bogden
United States Attorney
Carlos A. Gonzalez
Assistant U.S. Attorney

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TONY WEST
Assistant Attorney General
Civil Division
ELIZABETH J. STEVENS
Assistant Director
District Court Section
Office of Immigration Litigation
/s/ Aram A. Gavoor
ARAM A. GAVOOR
Trial Attorney
U.S. Department of Justice
District Court Section
Office of Immigration Litigation
P.O. Box 868
Ben Franklin Station
Washington, DC 20044
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
CT State Bar No.: 426-472

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Attorneys for Defendants

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OF COUNSEL:

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Pilar P. Luna, Senior Service Center Counsel
U.S. Department of Homeland Security

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MEMORANDUM OF POINTS AND AUTHORITIES
I.

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BACKGROUND
The instant controversy involves the denial of an H-1B non-

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immigrant visa.

Defendant United States Citizenship and

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Immigration Services (USCIS) has conferred with Plaintiffs,

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through counsel, and has concluded that it is appropriate to

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reopen the denied H-1B petition for further administrative

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proceedings before the USCIS California Service Center, and if

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necessary, the USCIS Administrative Appeals Office.

The process

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involves an opportunity for Plaintiffs to submit additional

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briefing and/or respond to specific USCIS concerns about whether

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the H-1B visa is approvable.

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moving efficiently, will nonetheless require several months for

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for its completion, based in large-part on set regulatory time

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periods for Plaintiffs’ optional briefing.

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II.

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Accordingly, such process, while

ARGUMENT
The Federal Rules of Civil Procedure provide for an

enlargement of time for cause shown.
When an act may or must be done within a specified
time, the court may, for good cause, extend the time:
(A) with or without motion or notice if the court acts,
or if a request is made, before the original time or
its extension expires . . . .
Fed. R. Civ. P., Rule 6(b).
This request is made prior to the expiration of time

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permitted to respond to Plaintiffs’ Complaint.

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III. CONCLUSION

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Undersigned counsel contacted Mr. Seth L. Resko, counsel for
Plaintiffs to ascertain his position on Defendants’.

Mr. Resko

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indicated that he does not oppose USCIS’s reopening and

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continuation of administrative proceedings, and does not oppose

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the instant request for a One-Hundred Twenty (120) day extension

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of time.

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Therefore, Defendants respectfully request that this

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honorable Court grant them an additional One-Hundred Twenty (120)

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day extension of time, up to an including August 29, 2011, in

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which to file an answer or otherwise respond to Plaintiffs’

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Complaint.

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DATED this 8th day of April, 2011.

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Respectfully submitted,

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Daniel G. Bogden
United States Attorney

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Carlos A. Gonzalez
Assistant U.S. Attorney

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TONY WEST
Assistant Attorney General
Civil Division
ELIZABETH J. STEVENS
Assistant Director
District Court Section
Office of Immigration Litigation
/s/ Aram A. Gavoor
ARAM A. GAVOOR
Trial Attorney
U.S. Department of Justice
District Court Section
Office of Immigration Litigation
P.O. Box 868
Ben Franklin Station
Washington, DC 20044
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
CT State Bar No.: 426-472

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Attorneys for Defendants

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OF COUNSEL:

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Pilar P. Luna, Senior Service Center Counsel
U.S. Department ~~of Homeland Security

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IT IS SO ORDERED:

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__________________________________
CHIEF UNITED STATES DISTRICT JUDGE
DATED:

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April 11, 2011
______________________

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PROOF OF SERVICE
I, Aram A. Gavoor certify that I caused the following
individual to be served on this date by the below identified
method of service:

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Electronic Case Filing

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Seth L Reszko
Reza Athari & Associates
6235 So. Pecos Rd.
Suite 108
Las Vegas, NV 89120
Email: [e-mail]

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DATED this 8th day of April, 2011.
/s/ Aram A. Gavoor
ARAM A. GAVOOR
Trial Attorney
U.S. Department of Justice