Free Joint Case Management Statement - District Court of California - California

Case 4:07-cv-02188-WDB

Document 7

Filed 07/18/2007

Page 1 of 3

1 SCOTT N. SCHOOLS, SC SBN 9990 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Respondents 8 9 10 11 12 QIN CHEN, 13 14 v. Petitioner, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 07-2188 JSW 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7124 FAX: (415) 436-7169

15 MICHAEL CHERTOFF, Secretary of the Department of Homeland Security; 16 EMILIO T. GONZALEZ, Director of the U.S. Citizenship and Immigration Services; 17 CHRISTINA POULOS, Acting Director of USCIS, California Service Center, and 18 ROBERT S. MUELLER, Director of Federal Bureau of Investigations; 19 Respondents. 20 21

JOINT CASE MANAGEMENT CONFERENCE STATEMENT; and [proposed] ORDER

1. Jurisdiction and Service: All parties have been served. Plaintiff brought this complaint

22 under the mandamus statute and under the Administrative Procedure Act. Respondents will argue 23 that the Court lacks jurisdiction to compel Respondents to act in this case. 24 2. Facts: On May 3, 2005, Petitioner filed a Form I-485 application for adjustment of status to

25 Legal Permanent Resident with USCIS, based on her employment. On April 20, 2007, Petitioner 26 filed this Complaint for a Writ in the Nature of Mandamus, alleging that Defendants are 27 unlawfully withholding or unreasonably delaying action on her application, and asking the Court 28 to compel USCIS to adjudicate her application for adjustment of status. Petitioner's name check is Joint Case Management Conference Statement C07-2188 JSW 1

Case 4:07-cv-02188-WDB

Document 7

Filed 07/18/2007

Page 2 of 3

1 still pending with the Federal Bureau of Investigations.

Plaintiff alleges that USCIS has failed to

2 timely renew her Employment Authorization Documents over the past two years. 3 3. Legal Issues: The principal legal issue the parties dispute is whether the Court has

4 jurisdiction to compel agency action in this case and if so, whether Respondents' delay, as a matter 5 of law, is arbitrary and not in accordance with the law. 6 4. Motions: The parties intend to file cross-motions for summary judgment and will ask for a

7 hearing date at the case management conference. 8 9 10 5. Amendment of Pleadings: None. 6. Evidence Preservation: None. 7. Disclosures: The parties agree that this Court's review will be confined to the

11 administrative record and therefore this proceeding is exempt from the initial disclosure 12 requirements under Fed. R. Civ. P. 26. 13 8. Discovery: There has been no discovery to date and the parties believe this matter can be

14 resolved without discovery. 15 16 17 9. Class Actions: Not applicable. 10. Related Cases: None. 11. Relief: Petitioner asks that the Court direct USCIS to adjudicate her adjustment of status

18 application and asks for an award of reasonable costs. 19 12. Settlement and ADR: Due to the nature of this litigation the parties will ask to be exempt

20 from the formal ADR process. 21 13. Consent to Magistrate Judge for All Purposes: The parties consent to magistrate judge

22 jurisdiction. 23 24 25 14. Other References: None. 15. Narrowing of Issues: None. 16. Expedited Schedule: The parties believe this matter can be solved through cross-motions

26 for summary judgment. 27 17. Scheduling: The parties will ask for a hearing date on cross-motions for summary

28 judgment at the initial case management conference. Joint Case Management Conference Statement C07-2188 JSW 2

Case 4:07-cv-02188-WDB

Document 7

Filed 07/18/2007

Page 3 of 3

1 2 3

18. Trial: The parties believe the matter can be resolved through motions. 19. Disclosure of Non-party Interested Entities or Persons: None. 20. Such other matters as may facilitate the just, speedy and inexpensive disposition of this

4 matter: None. 5 Dated: July 16, 2007 6 7 8 9 10 11 Dated: July 16, 2007 12 13 14 15 CASE MANAGEMENT ORDER The Joint Case Management Statement and Proposed Order are hereby adopted by the Court as QIN CHEN Pro Se /s/ /s/ EDWARD OLSEN Assistant United States Attorney Attorneys for Defendants Respectfully submitted, SCOTT N. SCHOOLS United States Attorney

16 the Case Management Order for the case, and the parties are ordered to comply with this Order. 17 Dated: 18 19 20 21 22 23 24 25 26 27 28 JEFFREY S. WHITE United States District Judge

Joint Case Management Conference Statement C07-2188 JSW

3