Okeke v. Rodriguez et al

Filing 16

ORDER Granting #15 Stipulation for Extension of Deadline to Answer Petition (Third Request). Respondents' answers are due 6/1/2016. Signed by Judge Andrew P. Gordon on 5/2/16. (Copies have been distributed pursuant to the NEF - PS)

Case 2:15-cv-02178-APG-PAL Document 15 Filed 05/02/16 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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ORDER
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JOINT STIPULATION FOR EXTENSION OF DEADLINE TO ANSWER PETITION
(Third 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 15 Filed 05/02/16 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, which the Court approved on

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February 9, 2016. See ECF Nos. 9 & 11; Fed. R. Civ. P. 12(a)(2).
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Subsequently, the parties agreed to further extend Respondents’ answer

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deadline by thirty days from April 1, 2016, to May 2, 2016, in order to allow the U.S.

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Citizenship and Immigration Services (“USCIS”) additional time to review and process

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Petitioner’s I-485 Application to Adjust Status. See ECF No. 13. Because USCIS’

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adjudication of Petitioner’s I-485 application could potentially resolve the issues in the Petition

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without further litigation, the parties stipulated and agreed that good cause existed for the

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extension, which was approved by the Court. See ECF Nos. 13 & 14.
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Although USCIS has now adjudicated Petitioner’s I-485 application, another

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brief extension of Respondents’ answer deadline is required for USCIS to issue to Petitioner a

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letter notifying him of USCIS’ final decision on his application.
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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 May 2, 2016, to June 1, 2016.

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Case 2:15-cv-02178-APG-PAL Document 15 Filed 05/02/16 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 May 2, 2016, to June 1, 2016.
Respectfully submitted this 2nd day of May 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
UNITED STATES MAGISTRATE JUDGE
May 2, 2016
DATED:

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