Free Non Opposition to Motion - District Court of California - California

Case 3:07-cv-02249-IEG-LSP

Document 8

Filed 12/26/2007

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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 Email: [email protected] Telephone: (619) 557-7157 Attorneys for the Respondents

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) ) v. ) ) MICHAEL CHERTOFF, Secretary of the) Department of Homeland Security, et al.,) ) ) Respondents. ) ___________________________________ ) MOHAMMED ABUZIR, Case No. 07 cv 2249 IEG (LSP) RESPONDENTS NON-OPPOSITION TO PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL

The Government does not oppose the motion for appointment of counsel, but recommends that the scope of paid representation be defined since petitioner is concurrently seeking judicial review of his final removal order and there is the potential of a remand for administrative proceedings. Respondents in removal proceedings are entitled to representation, but not at government expense. Therefore, the scope of appointment and reimbursement for services should not include appearances before DHS, the immigration judge or the Board of Immigration Appeals. See 8 U.S.C. §§ 1229a(b)(4)(A), 1362; 8 C.F.R. § 1003.16. Dated: December 26, 2007 Respectfully submitted, KAREN P. HEWITT United States Attorney s/ Raven M. Norris RAVEN M. NORRIS Assistant U.S. Attorney Attorneys for Respondents

Case 3:07-cv-02249-IEG-LSP

Document 8

Filed 12/26/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 None 14 15 16 17 18 19 20 21 22 23 24 MOHAMMED ABUZIR,

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 RESPONDENTS' NON-OPPOSITION TO MOTION TO APPOINT COUNSEL 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. 07 cv 2249 IEG (LSP) 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: Mohammed Abuzir A95-700-812 San Diego Detention Center (CCA) P.O. Box 439049 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 December 26, 2007 26 27 28 2 s/ Raven M. Norris RAVEN M. NORRIS

07CV2249