Free Order - District Court of California - California

Case 4:07-cv-02188-WDB

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Filed 03/13/2008

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1 JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division EDWARD A. OLSEN, CSBN 214150 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 OAKLAND DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 07-2188-WDB 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6915 FAX: (415) 436-6927

15 MICHAEL CHERTOFF, Secretary of 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. MULLER, Director of Federal Bureau of Investigation, 19 Respondents. 20 21

FURTHER CASE MANAGEMENT STATEMENT AND SECOND REQUEST TO EXTEND THE DATE OF THE CASE MANAGEMENT CONFERENCE; AND ORDER

The petitioner, currently proceeding pro se, and respondents, by and through their attorneys of

22 record, hereby jointly submit this further case management statement. 23 (1) On April 20, 2007, the petitioner filed this mandamus action, seeking an order compelling

24 the United States Citizenship and Immigration Services (USCIS) to adjudicate her I-485 application 25 to adjust her status to lawful permanent resident. 26 27 (2) The parties have filed cross-motions for summary judgment. (3) On December 11, 2007, this Court issued an order: (a) stating that if this case is not

28 rendered moot by agency action during the first few months of 2008, the Court denies the
FURTHER CASE MANAGEMENT STATEMENT C 07-2188 WDB

Case 4:07-cv-02188-WDB

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1 respondents' motion for summary judgment; (b) declining to rule on petitioner's motion for 2 summary judgment; (c) inviting the parties to engage in discovery on the issue of whether 3 petitioner is in a group that is eligible for a visa now; (d) informing the petitioner that she may file 4 a motion for summary judgment on this issue at any time before February 11, 2008, if she has 5 developed sufficient evidence to support such a motion; (e) stating that if the petitioner has not 6 filed a motion for summary judgment by February 11, 2008, and if USCIS has not by then made a 7 decision on the I-485 application, then by February 19, 2008, the parties shall file a joint case 8 management statement that apprises the Court of any relevant developments that have occurred 9 between the date of the Court's order and now; (f) stating that if the petitioner's group is eligible 10 for visas, or is about to become eligible for visas, it would issue a ruling on the pending motion for 11 summary judgment; and (g) stating that if it is not clear whether petitioner's group is eligible for 12 visas, then on February 26, 2008, the Court would conduct a case management conference. 13 (4) On February 21, 2008, this Court granted the parties' stipulation to extend the date of the

14 case management conference from February 26, 2008, to March 17, 2008. 15 16 (5) The petitioner has not propounded any discovery nor filed a motion for summary judgment. (6) The respondents continue to maintain that the petitioner is in the Second Preference

17 Category, for which visas are not currently available. 18 (7) The State Department's January Visa Bulletin stated that the priority date for Second

19 Preference Chinese applicants will be January 1, 2003. 20 (8) The State Department's February Visa Bulletin stated that the priority date for Second

21 Preference Chinese applicants will still be January 1, 2003. 22 (9) The State Department's March Visa Bulletin1 stated that the priory date for Second

23 Preference Chinese applicants will be December 1, 2003, an encouraging jump of 11 months. 24 (10) The parties expect the State Department's April Visa Bulletin to be posted on the

25 Department of State's website any day. 26 27
1 In the parties' stipulation to continue the case management conference, counsel for the 28 respondents erroneously referred to the February Visa Bulletin, instead of the March Visa Bulletin.

(11) The parties will promptly advise the Court when the State Department's April Visa

FURTHER CASE MANAGEMENT STATEMENT C 07-2188 WDB

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1 Bulletin is posted and what that bulletin has to say about the priority date for Second Preference 2 Chinese applicants. 3 (12) The parties ask this Court to delay ruling on petitioner's motion for summary judgment

4 and to await information on plaintiff's availability for a visa in the State Department's April Visa 5 Bulletin. 6 (13) The parties respectfully ask this Court to again continue the case management conference,

7 this time until April 21, 2008, at 1:30 p.m. 8 9 10 11 12 13 14 15 Dated: March 12, 2008 16 17 18 19 20 21 22 Date: 3/13/08 23 24 25 26 27 28
FURTHER CASE MANAGEMENT STATEMENT C 07-2188 WDB

Dated: March 12, 2008

Respectfully submitted, JOSEPH R. RUSSONIELLO United States Attorney /s/ EDWARD A. OLSEN Assistant United States Attorney Attorneys for Respondents /s/ QIN CHEN Petitioner

ORDER Pursuant to stipulation, IT IS SO ORDERED.

WAYNE D. BRAZIL United States Magistrate Judge