Davila v. Holder et al

Filing 11

ORDER Granting 10 Motion to Admit Government Attorney. Attorney Theo Nickerson for Daniel G. Bogden, Eric H. Holder, Jr, and Director USCIS added. Signed by Magistrate Judge Carl W. Hoffman on 12/4/14. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:14-cv-00931-RCJ-CWH Document 10 Filed 12/03/14 Page 1 of 4

1
2
3
4
5
6

DANIEL G. BOGDEN
United States Attorney
District of Nevada
JUSTIN E. PINGEL
Assistant United States Attorney
Nevada Bar No. 10186
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]

7
Attorneys for the United States
8
9
10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12

JULIA DAVILA,

13
14
15

Plaintiff,
v.
ERIC H. HOLDER, JR., Attorney General of
the United States, et al.,

16
Defendants.

)
)
) Case No: 2:14-cv-00931-RCJ-CWH
)
)
)
)
)
)
)

17
18

SPECIAL SHOW CAUSE MOTION TO ADMIT GOVERNMENT ATTORNEY TO
PRACTICE IN THE DISTRICT OF NEVADA FOR DURATION OF ATTORNEY’S
GOVERNMENT EMPLOYMENT

19
20

Pursuant to LR IA 10-3, the United States of America respectfully requests that this honorable

21

Court admit Government attorney Theo Nickerson to practice in the District of Nevada for the above-

22

captioned case and in all matters in this district during the period of employment by the United States.

23

Rule IA 10-3 provides:

24
25
26

Unless otherwise ordered by the Court, any nonresident attorney who is a member in good
standing of the highest court of any state, commonwealth, territory, or the District of
Columbia, who is employed by the United States as an attorney and, while being so employed,
has occasion to appear in this Court on behalf of the United States, shall, upon motion of the
United States Attorney or the Federal Public Defender for this district or one of the assistants,
be permitted to practice before this court during the period of such employment.

1

Case 2:14-cv-00931-RCJ-CWH Document 10 Filed 12/03/14 Page 2 of 4

1

Ms. Nickerson is an attorney with the United States Department of Justice, Civil Division,

2

Office of Immigration Litigation, an agency of the federal government, and is a member in good

3

standing of the State Bar of Connecticut (No. 429356).

4

In addition, the “conduct of litigation in which the United States, an agency, or officer thereof

5

is a party, or is interested, and securing evidence therefor, is reserved to officers of the Department of

6

Justice, under the discretion of the Attorney General.” 28 U.S.C. § 516. In addition, pursuant to 28

7

U.S.C. § 515(a), the Attorney General or any other officer of the Department of Justice is authorized to

8

conduct any kind of legal proceeding, civil or criminal, which United States Attorneys are authorized

9

to conduct, “whether or not he is a resident of the district in which the proceeding is brought.” Further,

10

any officer of the Department of Justice may be sent by the Attorney General to any judicial district in

11

the United States “to attend to the interests of the United States in a suit pending in a court of the

12

United States, . . . or to attend to any other interest of the United States.” 28 U.S.C. § 517.

13

Pursuant to these statutory authorities, the Attorney General has delegated litigation authority

14

to the Assistant Attorney General for the Civil Division, 28 C.F.R., Subpart I, including the defense of

15

“challenged actions of Government agencies and officers, . . .”. 28 C.F.R. § 0.45(h).

16

While these statutory and legal authorities ordinarily establish the basis for a Department of

17

Justice, Civil Division, Office of Immigration Litigation attorney to appear on behalf of the United

18

States in any federal court, on June 6, 2012, this Court gave notice to the First Assistant U.S. Attorney

19

for the United States Attorney’s Office for the District of Nevada that the Court “will no longer grant

20

pro hac recognition to Washington D.C. Justice Attorneys without a special show cause that they will

21

comply with court orders, local ethical rules and the rules of the State Bar of Nevada.” (United States

22

of America v. Estate of E. Wayne Hage, et al., 2:07-cv-01154-RCJ-VCF; ECF # 336 at 2). In light of

23

that notice, the United States attaches the Declaration of Theo Nickerson, which attests that Ms.

24

Nickerson will comply with court orders, local ethical rules, and the rules of the State Bar of Nevada.

25

. . .

26

. . .

2

Case 2:14-cv-00931-RCJ-CWH Document 10 Filed 12/03/14 Page 3 of 4

1
2
3
4
5
6
7
8
9
10
11
12
13
14

The following contact information is provided to the Court:
Theo Nickerson
Trial Attorney
District Court Section
Office of Immigration Litigation
Civil Division
U.S. Department of Justice
PO Box 868, Ben Franklin Station
Washington, D.C. 20044
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Accordingly, the United States respectfully requests that an order be issued at the earliest
opportunity permitting Theo Nickerson to practice before this Court.
Respectfully submitted this 3rd day of December 2014.
DANIEL G. BOGDEN
United States Attorney
/s/ Justin E. Pingel
JUSTIN E. PINGEL
Assistant United States Attorney

15
16
17
18
19
20
21

IT IS SO ORDERED:

22
23
24
25

________________________________
ROBERT C. JONES
UNITED STATES DISTRICT JUDGE
December 4, 2014
DATED:________________________

26

3

Case 2:14-cv-00931-RCJ-CWH Document 10-1 Filed 12/03/14 Page 1 of 2

Case 2:14-cv-00931-RCJ-CWH Document 10-1 Filed 12/03/14 Page 2 of 2