Free Status Report - District Court of California - California

Case 3:07-cv-04759-WHA

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Filed 09/21/2007

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SCOTT N. SCHOOLS, SCSBN 9990 United States Attorney JOANN M. SWANSON, CSBN 88143 Chief, Civil Division EDWARD A. OLSEN, CSBN 214150 Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6915 FAX: (415) 436-6927 Attorneys for Respondents UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 The petitioner is a native and citizen of Honduras who was ordered deported by an Immigration 19 Judge in absentia on November 1, 1989. Declaration of Yakov Grinberg ¶ 2. The petitioner did 20 leave the country as directed and, accordingly, the United States Immigration and Customs 21 Enforcement (ICE) arrested the petitioner on January 17, 2007. Id. at ¶ 3. The petitioner is 22 currently being detained at ICE's behest at the Santa Clara Jail. Id. at ¶ 4. 23 While in detention, the petitioner filed a motion to reopen her deportation proceedings with the 24 Immigration Judge, arguing that she did not receive notice of her deportation hearing. Id. at 5. 25 The Immigration Judge denied the motion to reopen on April 9, 2007. Id. at 6. The Board of 26 Immigration Appeals (BIA) affirmed the Immigration Judge's denial of the motion to reopen on 27 June 21, 2007. Id. at 7. The United States Court of Appeals for the Fifth Circuit denied the 28 RESPONDENTS' STATUS REPORT C 07-4759-WHA v. MICHAEL CHERTOFF; ALBERTO R. GONZALES; NANCY ALCANTAR; LOU BLANAS, Respondents. MAGDALY ORTIZ-MORALES, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. C 07-4759-WHA

RESPONDENTS' STATUS REPORT

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Case 3:07-cv-04759-WHA

Document 5

Filed 09/21/2007

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petitioner's motion for a stay of deportation on August 15, 2007. Id. at 8. The petitioner then filed a motion to reconsider with the BIA, asking the BIA to reconsider its June 21, 2007 decision. Id. at 9. On September 7, 2007, the BIA denied the petitioner's motion to reconsider. Id. at 10. The ICE was set to remove the petitioner to Honduras on July 13, 2007, but was prevented from doing so in light of the stay of deportation that was then in effect due to the petitioner's challenge to her in absentia deportation order. Id. at ¶ 11. There is no longer a stay of deportation in effect and the ICE intends to re-new the petitioner's travel document (which facilitates an alien's removal from the United States) and to remove the petitioner to Honduras imminently. Id. at ¶ 12. However, the ICE voluntarily agrees not to remove the petitioner at any time prior to October 19, 2007, in order to give the parties and this Court an opportunity to resolve the petitioner's habeas petition. The parties are today filing a stipulation to a briefing schedule. As indicated above, the respondents voluntarily agree not to remove the petitioner at any time prior to October 19, 2007.

Dated: September 21, 2007

Respectfully submitted, SCOTT N. SCHOOLS United States Attorney /s/ EDWARD A. OLSEN Assistant United States Attorney

RESPONDENTS' STATUS REPORT C 07-4759-WHA

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