Free Motion for Extension of Time - District Court of Connecticut - Connecticut

F Case 3:03-cv-00957-WWE Document 14 Filed O4/26/2004 Page 1 of 3

1 UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUF i in. E Q
JERMAINE MURRAY, ; Zllllu APH 2b A *1= 22
i Petitioner, : CIVIL B1G3€llE’}?$7®WWE)
.. Bltl0GliYl’0RT. CONN
i { V. [
JOHN ASHCROFT, et al., :
Respondents. : April 14, 2004
RESPONDENTS’ SECOND MOTION FOR EXTENSION OF TIME
N UN C PRO TUN C
Respondents, John Ashcroft, Attorney General of the United States, and Eduardo
Aguirre, Acting Director ofthe Bureau of Citizenship and Immigration Services) through
undersigned counsel, hereby respectfully request, nunc pro tune, an extension of time up to and
including May 17, 2004, to submit a substantive response to the habeas petition filed in this case.
In support of this motion, Respondents state as follows:
On February 4, 2004, this Court denied the Respondents’ motion to dismiss or transfer
the habeas petition to the Eastern District of Louisiana on jurisdictional and venue grounds. In
that ruling, the Court ordered Respondents to tile a substantive response to the claims made in
the habeas petition on or before March 28, 2004. Respondents previously sought and the Court
granted an extension of time until April 13, 2004, to respond to the substantive arguments in the
‘ On March 1, 2003, the Immigration and Naturalization Service ("INS") was abolished
and its functions transferred to three bureaus within the Department of Homeland Security
pursuant to the Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2135, 2178. The
enforcement functions of INS were transferred to the Bureau of Immigration and Customs
Enforcement ("BICE") while its service functions were transferred to the Bureau of Citizenship
and Immigration Services ("BCIS").
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, Case 3:03-cv-OO9 YSWWE Document 14 Filed O4/2Q{2_OO4 Page 2 of 3 \
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N habeas petition based on the circumstances explained in that extension motion. Although
A undersigned counsel had intended to tile a response by April 13, 2004, the undersigned is still ’ 3
awaiting information from the Bureau of Immigration and Customs Enforcement ("ICE") I
_ necessary to an appropriate response to the claims made by petitioner herein. In addition, {
undersigned counsel -had jury selection in a criminal case on April 13, 2004, which case is now
scheduled for trial before Chief United States District Judge Robert N. Chatigny, beginning April n }
29, 2004. Trial is expected to last tive to seven days. Consequently, the undersigned needs E
additional time to confer with ICE a11dto prepare an appropriate response in this case. [
This is the second request for extension of time in this case. Undersigned counsel A
attempted to contact counsel for petitioner, Attorney Carroll Lucht, but was unable to ascertain 4
his position on this motion prior to filing.
WHEREFORE, Respondents respectfully request an extension of time, mmc pro tune, up p
to and including May I7, 2004, to tile a substantive response to the habeas petition. i
Respectfully submitted,
4 KEVIN J. O’CONNOR 3
UNITED STATES ATTORNEY
Kai r. a..ac. .
LISA E. PERKINS A
ASSISTANT UNITED STATES ATTORNEY 4
450 MAIN STREET, ROOM 328
HARTFORD, or 06103
4 (860) 947-1101
FEDERAL BAR No. ct23 164

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v Case 3:03-cv-OOQSTAWWE Document 14 Filed O4(26/2004 Page 3 of 3
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the within and foregoing has been mailed, postage prepaid,
. l
{ this 14th day of April 2004, to: `
Carroll L. Lucht _ S
Jerome N. Frank Legal Services Organization
Yale Law School *
P.O. Box 209090 `
New Haven, CT 06520-9090 E
Counselfor Petitioner ` J ‘
J
A4 {’rr/<,;M®"’ =
LISA E. PERKINS I
_ ASSISTANT UNITED STATES ATTORNEY
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