Mihai et al v. Mayorkas et al

Filing 13

ORDER Granting 12 Stipulation for Extension of Time. Ur M. Jaddou answer due 10/29/2024; Alejandro Mayorkas answer due 10/29/2024; U.S. Citizenship and Immigration Services answer due 10/29/2024; US Department of Homeland Security answer due 10/29/2024; United States of America answer due 10/29/2024. Signed by Magistrate Judge Daniel J. Albregts on 7/2/2024. (Copies have been distributed pursuant to the NEF - ALZ)

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1 JASON M. FRIERSON United States Attorney 2 District of Nevada Nevada Bar No. 7709 3 VIRGINIA T. TOMOVA Assistant United States Attorney 4 Nevada Bar Number 12504 501 Las Vegas Blvd. So., Suite 1100 5 Las Vegas, Nevada 89101 (702) 388-6336 6 Virginia.Tomova@usdoj.gov 7 Attorneys for Federal Defendants 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 CONSTANTIN DENIS MIHAI and 10 ARNOLD NAPOLES, Case No. 2:23-cv-01127-JAD-DJA 11 Stipulation and Order for Extension of Time 12 Plaintiffs, v. (Fifth Request) 13 ALEJANDRO MAYORKAS, in his official capacity as Secretary of Homeland Security, 14 U.S. DEPARTMENT OF HOMELAND SECURITY, UR M. JADDOU, in her 15 official capacity as Acting Director of U.S. Citizenship and Immigration Services, U.S. 16 CITIZENSHIP AND IMMIGRATION SERVICES, the UNITED STATES OF 17 AMERICA and JOHN DOES I through XX, inclusive, 18 Defendants. 19 20 Plaintiffs Constantin Denis Mihai and Arnold Napoles, and Defendants Alejandro 21 Mayorkas, Secretary of Homeland Security, U.S. Department of Homeland Security; Ur 22 M. Jaddou, Acting Director of U.S. Citizenship and Immigration Services; U.S. 23 Citizenship and Immigration Services; and the United States of America (“Federal 24 Defendants”), hereby stipulate and agree as follows: 25 Plaintiffs filed their Complaint on July 19, 2023. 26 Plaintiffs served Federal Defendants with a copy of the Summons and Complaint 27 via Certified Mail on August 4, 2023. 28 1 The current deadline for Federal Defendants to respond to the Plaintiffs’ Complaint 2 is on July 31, 2024. 3 Plaintiffs and Federal Defendants, through undersigned counsel, stipulate and 4 request that the Court approve a 90-day extension of time, from July 31, 2024, to October 5 29, 2024, for Federal Defendants to file a response to the Complaint, ECF No. 1. This is 6 the fifth request for an extension of time. 7 Since the filing of the fourth request for extension, Plaintiffs filed an I-601 waiver in 8 response to the agency’s notice of intent to deny their I-485 petition. The additional 90 days 9 are necessary for the agency to evaluate and adjudicate Plaintiffs’ I-601 waiver before 10 issuing a final decision on the I-485 petition, which is the subject of the Plaintiff’s case. 11 Therefore, the parties request that the Court extend the deadline for Federal 12 Defendants to answer or otherwise respond to October 29, 2024. 13 This stipulated request is filed in good faith and not for the purposes of undue delay. 14 Respectfully submitted this 1st day of July 2024. 15 REZA ATHARI, MILLS & FINK, PLLC JASON M. FRIERSON United States Attorney /s/ Gary Fink, Esq.________________ GARY FINK, ESQ. Nevada Bar No. 8064 3365 Pepper Lane, Suite #102 Las Vegas, Nevada 89120 Attorney for Plaintiffs /s/ Virginia T. Tomova VIRGINIA T. TOMOVA Assistant United States Attorney Nevada Bar Number 12504 501 Las Vegas Blvd. So., Suite1100 Las Vegas, Nevada 89101 16 17 18 19 20 21 22 IT IS SO ORDERED: 23 24 UNITED STATES MAGISTRATE JUDGE 25 7/2/2024 DATED: _____________________________ 26 27 28 2

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