Free Motion to Continue - District Court of Connecticut - Connecticut

Case 3:02-cv-01922-RNC

Document 46

Filed 04/27/2007

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UNITED STATES DISTRICT CO URT DIS TRICT OF CO NNECTICUT

Auguste, Petitioner v. Strange, et al. Respondents

No. 3:02-cv-01922-RNC April 27, 2007

UNO PPOSED REQUEST FOR CONTINUANCE OF EVIDENTIARY HEARING The Court has scheduled an evidentiary hearing for May 1, 2007 regarding whether Mr. Auguste derived United States citizenship from his mother. As conveyed orally to the Court today, Mr. Auguste moves for a continuance of at least forty-five days in the scheduling of the hearing. The respondents, through counsel, AUSA John Hughes, do not oppose this request. In support of the request, the petitioner, through counsel states that: 1. Mr. Auguste has been released from DHS detention. 2. It appears that whether Mr. Auguste derived United States citizenship from his mother will depend on whether his parents were separated prior to Mr. Auguste's eighteenth birthday. 3. Mr. Auguste's mother told him and his siblings that she had received separation papers from Haiti. However, Mrs. Auguste is dead and none of her children have copies of the documents. 4. It is very difficult to obtain reliable copies of legal records from the National Archives in Haiti. Many documents have been destroyed during years of unrest, and it is common for forged documents to be provided in response to document requests. Mr. Auguste has contracted with a researcher who recently returned from visiting the Haitian

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Case 3:02-cv-01922-RNC

Document 46

Filed 04/27/2007

Page 2 of 2

National Archives in January to obtain reliable, certified copies of the records of the separation. Because of the difficulty in doing reliable document searches in Haiti, we are requesting a continuance of at least forty-five days in the scheduling of the hearing. 5. The DHS Office of Chief Counsel in Hartford is reviewing a draft motion and documentary evidence related to the case prepared by Mr. Auguste's counsel. 6. The respondents, through counsel, do not oppose this request. Based on the foregoing, the petitioner requests a continuance of at least forty-five days for the hearing now scheduled for May 1, 2007.

/s/ Michael Boyle, federal bar ct13518; juris 408629 250 State Street, Unit C2 P.O. Box 335 North Haven, CT 06473-0335 203 239-2299, fax 203 985-8207 [email protected]

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Appearance was sent by email, postage prepaid, on April 27, 2007 to AUSA John Hughes, Office of the U.S. Attorney, 157 Church Street, New Haven, CT 06510. /s/ Michael Boyle

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