Free Order on Motion to Stay - District Court of California - California

Case 3:08-cv-00007-LAB-WMC

Document 12

Filed 09/05/2008

Page 1 of 1

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 SOUTHERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HONORABLE LARRY ALAN BURNS United States District Judge vs. MICHAEL CHERTOFF, Secretary of Homeland Security, et al., Respondents. CHEUK FUNG YONG, Petitioner, ) ) ) ) ) ) ) ) ) ) ) Case No. 08cv0007-LAB (WMc) [A35-747-485] ORDER STAYING PROCEEDINGS

In view of the Ninth Circuit's recent decisions in Prieto-Romero v. Clark, 534 F.3d 1053 (9th Cir. 2008), and Casas-Castrillon v. D.H.S., 535 F.3d 942 (9th Cir. 2008), Respondents filed an ex parte motion to hold this case in abeyance to permit Petitioner time to request and obtain bond review before an Immigration Judge ("IJ") and, in the event of an appeal, the Board of Immigration Appeals ("BIA"). [Doc. No. 11.] Petitioner has not opposed this motion. For good cause shown, Respondents' request to hold this case in abeyance is GRANTED and this case is STAYED for sixty calendar days from the date this Order is filed. Respondents shall file a status report with this Court no later than ten calendar days after the expiration of the sixty-day period, advising the Court of the status of Petitioner's removal and bond proceedings. IT IS SO ORDERED. DATED: September 5, 2008