United States District Court, N.D. California, San Jose Division
December 23, 2005.
ARACELI CERVANTES DE ORTIZ, Petitioner,
TOM RIDGE, U.S. Department of Homeland Security, et al., Respondents.
The opinion of the court was delivered by: RONALD WHYTE, District Judge
STIPULATION TO DISMISS; AND ORDER
Petitioner, by and through her attorney of record, and
Respondents, by and through their attorneys of record, hereby
stipulate, subject to the approval of the Court, to dismiss this
The parties further agree that the Department of Homeland
Security ("Department") will rescind the November 7, 2002,
Decision to Reinstate Prior Order, rescission to be without
prejudice to the Department raising or pursuing reinstatement in
the future. If Petitioner applies to U.S. Citizenship and
Immigration Services ("USCIS") for adjustment of status to lawful
permanent resident, and if USCIS has not granted Petitioner's
adjustment application by January 30, 2006, then the Department
will issue a Notice to Appear placing Petitioner in removal
proceedings. The Department does not concede that Petitioner is
eligible for any type of relief or protection from removal. The parties shall bear their own costs and fees.
Pursuant to stipulation, IT IS SO ORDERED.
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