Okeke v. Rodriguez et al

Filing 14

ORDER Granting #13 Stipulation for Extension of Deadline to Answer Petition (Second Request). The parties stipulate and agree that good cause exists to extend Respondents answer deadline by thirty days from 4/1/16, to 5/2/16. Signed by Judge Andrew P. Gordon on 3/25/16. (Copies have been distributed pursuant to the NEF - PS)

Case 2:15-cv-02178-APG-PAL Document 13 Filed 03/25/16 Page 1 of 3

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DANIEL G. BOGDEN
United States Attorney
District of Nevada
BLAINE T. WELSH
Assistant United States Attorney

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BENJAMIN MIZER
Principal Deputy Assistant Attorney General
WILLIAM C. PEACHEY
Director, Office of Immigration Litigation-DCS
WILLIAM C. SILVIS
Assistant Director
T. MONIQUE PEOPLES
Trial Attorney
U.S. Department of Justice, Civil Division
Office of Immigration Litigation-DCS
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for the United States

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MATTHEW OBIM OKEKE,
Petitioner,

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v.
JEH JOHNSON, Secretary of U.S.
Department of Homeland Security, et al.,
Respondents.

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JOINT STIPULATION FOR EXTENSION OF DEADLINE TO ANSWER PETITION
(Second Request)

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Pursuant to LR 6-1, 6-2, and 7-1, the parties jointly stipulate to extend the deadline for
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Respondents to answer or otherwise respond to the Petition filed in this matter. In support, the
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parties state as follows:
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Case 2:15-cv-02178-APG-PAL Document 13 Filed 03/25/16 Page 2 of 3

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On November 16, 2015, Petitioner filed a petition for writ of mandamus. See

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Pet., ECF No. 1. Specifically, Petitioner seeks an order from the Court “to compel

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Respondents to act on Petitioner’s completed I-485 Application to Adjust Status.” Id. at ¶ 1.
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Although Plaintiff completed service on Respondents on February 1, 2016, the

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civil docket entry notation originally indicated that Respondents’ answer deadlines were

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February 1 and 2, 2016. See Dkt. entry at ECF No. 8. The parties therefore stipulated and

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agreed that good cause existed to correct Respondents’ answer deadline from the deadlines

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noted on ECF No. 8 to the correct answer date of April 1, 2016. See ECF No. 9; Fed. R. Civ.

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P. 12(a)(2). The Court approved the parties’ first stipulation and Respondents’ current answer

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deadline is April 1, 2016. See ECF No. 11.
3.

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On January 8, 2016, the United States Citizenship and Immigration Services

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(“USCIS”) issued Petitioner a Request for Evidence pertaining to his I-485 Application to

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Adjust Status, requesting that certain materials be submitted to USCIS by April 4, 2016. Upon

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its receipt of the requested materials, USCIS may require additional time beyond Respondents’

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April 1 answer deadline to review those materials and adjudicate Petitioner’s I-485 application.

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Good cause therefore exists to allow USCIS additional time to review and process Petitioner’s

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I-485 application, which could potentially resolve the issues in the Petition without further

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litigation.

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Accordingly, the parties stipulate and agree that good cause exists to extend

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Respondents’ answer deadline by thirty days from April 1, 2016, to May 2, 2016.

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Case 2:15-cv-02178-APG-PAL Document 13 Filed 03/25/16 Page 3 of 3

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WHEREFORE, the parties stipulate and agree that good cause exists to extend
Respondents’ answer deadline by thirty days from April 1, 2016, to May 2, 2016.
Respectfully submitted this 25th day of March 2016.
AGWARA & ASSOCIATES

WILLIAM C. SILVIS
Assistant Director
/s/ T. Monique Peoples
T. MONIQUE PEOPLES
Trial Attorney

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/s/ Liborius Agwara
LIBORIUS AGWARA
4693 E. Flamingo Road
Las Vegas, Nevada 89121
[phone]
[e-mail]

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Attorneys for Petitioner

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Attorneys for Respondents

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IT IS SO ORDERED:
UNITED STATES DISTRICT JUDGE
Dated: March 25,MAGISTRATE JUDGE
UNITED STATES 2016.
DATED:

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