Summary
finding that § 1252(B), titled, "Denials of discretionary relief," does not apply to a plaintiff seeking an order compelling adjudication of an I-485 application because he or she has neither been granted nor denied relief, but rather simply denied a decision
Summary of this case from Liu v. ChertoffOpinion
Case No.: C 07-0294 RMW.
July 24, 2007
Judith Michaels Morrow (CSBN #115109), San Francisco, CA, Attorney for Plaintiff.
Ila C. Deiss, Assistant United States Attorney, Attorney for Defendants.
STIPULATION TO EXTEND DATE OF CASE MANAGEMENT CONFERENCE AND ORDER
The plaintiff, by and through his attorney of record, and defendants, by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, to extend the date of the case management conference, which is currently scheduled for July 27, 2007 at 10:30 AM in light of the following:
1. The plaintiff filed an action on January 17, 2007, asking this Court to direct the United States Citizenship and Immigration Services (USCIS) to adjudicate his I-485 application.
2. The defendants filed a motion to dismiss on March 27, 2007.
3. At a hearing on the defendants' motion to dismiss held on July 6, 2007, the Court denied the defendants' motion to dismiss with respect to the Department of Homeland Security and the USCIS and granted it with respect to defendant FBI and directed plaintiff and defendants to file cross motions for summary judgment for hearing on September 14, 2007 at 9:00 AM.
4. A case management conference has been scheduled on July 27, 2007 at 10:30 AM.
5. The parties ask this Court to schedule the case management conference on September 14, 2007 after the hearing on cross motions for summary judgment, if needed, or as soon thereafter as may be practicable.