Free Stipulation and Order - District Court of California - California

Case 3:07-cv-02872-BZ

Document 12

Filed 11/16/2007

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1 SCOTT N. SCHOOLS, SCSBN 9990 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Chief, Civil Division 3 EDWARD OLSEN, CSBN 214150 Assistant United States Attorney 4 450 Golden Gate Avenue, Box 36055 5 San Francisco, California 94102 Telephone: (415) 436-6915 6 FAX: (415) 436-6927 7 Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 AMAR BELLAHA, 12 Plaintiff, 13 v. 14 ALBERTO GONZALES, Attorney General 15 of the United States; MICHAEL CHERTOFF, Secretary of the Department of Homeland 16 Security; EMILIO GONZALEZ, Director of United States Citizenship and Immigration 17 Services; ROBERT MUELLER, Director of Federal Bureau of Investigation; 18 CHRISTINA POULOS, Director of the California Service Center, 19 Defendants. 20 21 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 07-2872 BZ

STIPULATION TO EXTEND STATUS CONFERENCE; AND [PROPOSED] ORDER Date: November 26, 2007 Time: 4:00 p.m.

The plaintiff, by and through his attorney of record, and defendants, by and through their

22 attorneys of record, hereby stipulate, subject to approval by this Court, to extend the date of the 23 status conference in this case, currently scheduled for November 26, 2007, in light of the following 24 (1) The plaintiff is a lawful permanent resident of the United States who filed an application

25 for naturalization with the United States Citizenship and Immigration Services (USCIS) on August 26 19, 2005. 27 28 (2) The plaintiff was interviewed by an immigration officer on December 15, 2005. (3) The plaintiff's application for naturalization is pending.
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(4) On June 1, 2007, the plaintiff filed this action pursuant to 8 U.S.C. § 1447(b), which

2 provides that if USCIS has not adjudicated a naturalization application within 120 days of 3 examining the applicant, the applicant may ask the District Court for a hearing on his or her 4 naturalization application. The District Court may then either hold an evidentiary hearing on the 5 naturalization application or remand to USCIS with appropriate instructions. 6 (5) On October 18, 2007, the parties filed a joint case management statement, which included

7 a proposed schedule on a motion to remand which the government intended to file. 8 (6) In light of the reasonable probability that this case may be resolved administratively within

9 the next 60 days, the parties jointly ask this Court to vacate the status conference, which is 10 currently scheduled for November 30, 2007, and to re-schedule the status conference for January 11 28, 2008. 12 (7) If this case is not resolved within the next 60 days, the parties will file a joint status report

13 seven days in advance of the status conference. In that joint status report, the parties will propose 14 a new schedule on any motion to remand to be filed by the government. 15 16 Dated: November 15, 2007 17 18 19 Dated: November 15, 2007 20 21 22 ORDER 23 Pursuant to stipulation, IT IS HEREBY ORDERED that the status conference, currently 24 scheduled for November 30, 2007, is re-scheduled to January 28, 2008, at 4:00 p.m. 25 16 26 Dated: November ___, 2007 27 28
STIPULATION TO EXTEND STATUS CONFERENCE 2 C07-2872-BZ
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/s/ SHAH PEERALLY Attorney for Plaintiff

/s/ EDWARD A. OLSEN Assistant United States Attorney Attorney for Defendants

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Case 3:07-cv-02872-BZ

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STIPULATION TO EXTEND STATUS CONFERENCE 3 C07-2872-BZ