Free Motion for Extension of Time to File Response/Reply - District Court of California - California

Case 3:08-cv-00001-LAB-RBB

Document 9

Filed 02/13/2008

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KAREN P. HEWITT United States Attorney RAVEN M. NORRIS Assistant U.S. Attorney California State Bar No. 232868 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-7157 Attorneys for the Respondents UNITED STATES DISTRICT COURT

8 SOUTHERN DISTRICT OF CALIFORNIA 9 AKOP KANTRDZHYAN, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 When the IJ orders an alien removed, the order becomes final either when (1) the alien waives appeal at the time the order is rendered, (2) the alien fails to file a notice of appeal within 30 days after the IJ's order or (3) when the Board of Immigration Appeals ("BIA") dismisses the alien's appeal from the IJ's decision. See 8 C.F.R. § 1003.39. Here, the IJ ordered the Petitioner removed on April 2, 2001 and Petitioner waived appeal.
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) ) Petitioner, ) ) v. ) ) MICHAEL CHERTOFF, Secretary of) Department of Homeland Security, et al.,) ) ) Respondents. ) ) ___________________________________ )

Civil No. 08cv0001-LAB (RBB) EX PARTE REQUEST FOR EXTENSION OF TIME TO FILE RETURN

On January 2, 2008, Petitioner filed a Petition for Writ of Habeas Corpus and Motion for Appointment of Counsel, commencing this action but failed to pay the requisite filing fee. On January 7, 2008, the Court issued an order dismissing case without prejudice. Petitioner subsequently submitted a copy of the order and the necessary filing fee to have the case reopened. On January 18, 2008, the Court issued an order to show cause granting the Government until Friday, February 15, 2008, to file a return in response to the Petition. Petitioner seeks release from detention pending his removal proceedings. A preliminary investigation of the status of his removal proceedings reveals that the removal order became final on April 2, 2001.1/ Petitioner was initially released from custody but recently re-entered custody in May 2007. Because the local agency office has had difficulty obtaining travel documents from the Armenian

Case 3:08-cv-00001-LAB-RBB

Document 9

Filed 02/13/2008

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Consulate, the local authorities in accordance with procedures referred the case to ICE Headquarters, which is engaged in extraordinary efforts to arrange for Petitioner's removal to Armenia. ICE Headquarters is also in the process of issuing a determining on whether or not to release Petitioner under an order of supervision pending the ongoing removal efforts. The agency is expected to reach a determination within two weeks. Undersigned counsel believes that an agency decision may render the instant petition moot. However, additional time is necessary to allow the agency time to reach a determination. Accordingly, the Government respectfully requests additional time in which to file a return in this matter. While this Court denied Petitioner's motion to appoint counsel, as a courtesy, undersigned counsel informed James Fife, the counsel who assisted and continues to assist Petitioner in the preparation and defense of the instant petition, of this request for extension of time. Counsel, on behalf of Petitioner, did not object to Respondents' request for extension of time. For the reasons discussed above, the Government respectfully requests that the deadline for filing the Return be re-set to February 29, 2008 and the deadline for filing the Traverse be re-set to April 1, 2008. Dated: February 13, 2008 Respectfully submitted,

KAREN P. HEWITT United States Attorney s/ Raven M. Norris RAVEN M. NORRIS Assistant U.S. Attorney Attorneys for Respondents Email: [email protected]

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08cv0001

Case 3:08-cv-00001-LAB-RBB

Document 9

Filed 02/13/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) Petitioner, v. ) ) MICHAEL CHERTOFF, et al., ) ) ) Respondents. _____________________________________ ) IT IS HEREBY CERTIFIED THAT: I, Raven M. Norris, am a citizen of the United States and am at least eighteen years of age. My business address is 880 Front Street, Room 6293, San Diego, California 92101-8893. I am not a party to the above-entitled action. I have caused service of the EX PARTE Request for Extension of Time to File Return on the following parties by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies them. Civil No. 08cv0001 LAB (RBB) CERTIFICATE OF SERVICE

I hereby certify that I caused the foregoing to be mailed, by the United States Postal Service, to the following non-ECF participants on this case: Akop Kantrdzhyan A71-140-115 San Diego Detention Center P.O. Box 430049 San Ysidro, CA 92143 the last known address, at which place there is delivery service of mail from the United States Postal Service. I have also caused a courtesy copy of the foregoing to be mailed, by the United States Postal Service, to the following parties: James Fife Federal Defenders of San Diego, Inc. 225 Broadway, Suite 900 San Diego, CA 92101 I declare under penalty of perjury that the foregoing is true and correct.

25 Executed on February 13, 2008 26 27 28 3 s/ Raven M. Norris RAVEN M. NORRIS

08cv0001