Free Stipulation - District Court of California - California

Case 5:07-cv-02754-JF

Document 25

Filed 03/10/2008

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1 JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 ZHONG ZHANG, 12 JIE MA, 13 14 15 16 17 18 19 20 21 Plaintiffs, by and through their attorney of record, and Defendants by and through their ) ) No. C 07-2754 JF ) Plaintiffs, ) ) STIPULATION TO DISMISS AND v. ) [PROPOSED] ORDER ) EMILIO T. GONZALEZ, Director of the U.S. ) Citizenship and Immigration Services; ) ALBERTO R. GONZALES, as Attorney General ) of the United States; ) MICHAEL CHERTOFF, in his Official Capacity, ) Secretary, United States Department of Homeland) Security, ) ) Defendants. ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7124 FAX: (415) 436-7169

22 attorney of record, hereby stipulate, subject to the approval of the Court, to dismissal of the action 23 without prejudice because the United States Citizenship and Immigration Services agrees to 24 adjudicate Plaintiffs' adjustment of status applications (Form I-485) pursuant to USCIS policy, as 25 articulated in the memorandum entitled Revised National Security Adjudication and Reporting 26 Requirements by Michael Aytes, Associate Director of Domestic Operations, HQ 70/23 and 27 70/28.1, within 60 days of the dismissal of this action. 28 /// Stipulation to Dismiss C07-2754 JF 1

Case 5:07-cv-02754-JF

Document 25

Filed 03/10/2008

Page 2 of 2

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Each of the parties shall bear their own costs and fees. Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney

2 Date: March 5, 2008 3 4 5 6 7 8 9 10 Date: March 4, 2008 11 12

/s/ ILA C. DEISS1 Assistant United States Attorney Attorneys for Defendants

/s/ DANIEL HUANG Attorney for Plaintiffs ORDER

13 Pursuant to Stipulation, IT IS SO ORDERED. 14 15 Dated: 16 17 18 19 20 21 22 23 24 25 26 27 I, Ila Deiss, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. 28 Stipulation to Dismiss C07-2754 JF 2
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JEREMY FOGEL United States District Judge