Angon Ochoa et al v. Clinton et al

Filing 10

ORDER Granting 9 Unopposed Motion for Extension of Time to Respond to Complaint. Answer due 3/18/2013. Signed by Magistrate Judge Cam Ferenbach on 12/19/2012. (Copies have been distributed pursuant to the NEF - SLR)

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DANIEL G. BOGDEN
United States Attorney
District of Nevada
Nevada State Bar No. 2137
CARLOS A. GONZALEZ
Assistant United States Attorney
STUART F. DELERY
Principal Deputy Assistant Attorney General
ELIZABETH J. STEVENS
Assistant Director
TROY D. LIGGETT
Trial Attorney, D.C. Bar No. 995073
U.S. Department of Justice
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
[phone]; [phone] (fax)
[e-mail]
Attorneys for the United States

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ADRIAN ANGON OCHOA and
ILIANA DENISSE MORAN TORRES,

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Plaintiffs,
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v.
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HILLARY CLINTON, et al.,
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Defendants.

) Case No.: 2:12-CV-1210-LRH-VCF
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DEFENDANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME
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(Third Request)
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Defendants, by and through their attorneys, request a third extension
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of time to file an answer or other appropriate responsive pleading to
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Plaintiffs’ complaint.
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The parties have worked diligently to resolve the cause of action
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without expending further resources of the court or the parties.

The case

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challenges the denial of Plaintiff Adrian Angon Ochoa’s (“Ms. Angon”) visa
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application by the U.S. Consulate in Ciudad Juarez, Mexico.

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Since the

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complaint was filed, Defendants have advised Plaintiffs of the requisite

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documents that must be filed and approved before Defendants will reconsider

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Ms. Angon’s visa application in an effort to resolve this litigation.

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Since the Court granted the second motion to extend time to answer, the

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parties learned that Ms. Angon accrued unlawful presence in the United

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States, so she must have an approved Form I-601, Application for Waiver of

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Grounds of Inadmissibility, before the U.S. Consulate may reconsider her visa

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application.

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the Form I-601, and Defendants are attempting to expedite processing by U.S.

Plaintiffs advised Defendants’ counsel that Ms. Angon submitted

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Citizenship and Immigration Services.

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Plaintiffs of the updated documents (medical examination and passport) that

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must be submitted to the U.S. consulate in order for her visa application to

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be considered.

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expected to re-adjudicate the visa application within thirty (30) days, and

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the litigation will be moot.

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Defendants also have advised

When Ms. Angon’s file is complete, then the U.S. Consulate is

Defendants’ counsel consulted with Plaintiffs’ counsel, attorney Troy

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Baker on behalf of attorney Anthony Guenther, and Plaintiffs do not oppose

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this motion.

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The current deadline to answer the complaint is December 18, 2012,

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based on the court’s order granting the second unopposed motion to extend the

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deadline.

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to work towards resolution of the litigation, Defendants respectfully request

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that the court grant an additional ninety (90) day extension of time to file

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an appropriate pleading to answer the complaint up to and including Monday,

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March 18, 2013.

(ECF No. 8, Nov. 18, 2012).

To allow the parties additional time

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DATED:

December 18, 2012

Respectfully submitted,

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Daniel G. Bogden
United States Attorney

Stuart F. Delery
Principal Deputy Assistant Attorney General

Carlos A. Gonzalez
Assistant United States Attorney

Elizabeth J. Stevens
Assistant Director

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/s/ Troy D. Liggett
Troy D. Liggett
Trial Attorney
District Court Section
Office of Immigration Litigation
Civil Division
U.S. Department of Justice

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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DATE:
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12-19-2012

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