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Bai v. Chertoff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 14, 2008

ZHIGANG BAI AND JINGXU ZHAO, PLAINTIFFS,
v.
MICHAEL CHERTOFF, SECRETARY; EMILIO T. GONZALEZ, DIRECTOR, CIS; GERARD HEINAUER, NSC DIRECTOR DEPARTMENT OF HOMELAND SECURITY; ROBERT S. MULLER, DIRECTOR FEDERAL BUREAU OF INVESTIGATION, DEFENDANTS.

The opinion of the court was delivered by: Susan Illston United States District Judge

STIPULATION TO EXTEND DATE OF CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER

The plaintiffs, by and through their attorney of record, and defendants, by and through their attorneys of record, hereby stipulate, subject to approval of the Court, to a 90-day extension of the case management conference, currently scheduled for January 25, 2008, in light of the following:

1. The plaintiffs, husband and wife, are natives and citizens of China who filed Form I-485 applications to adjust their status to lawful permanent resident with the United States Citizenship and Immigration Services (USCIS) on or about September 26, 2005.

2. The I-485 applications are pending with USCIS.

3. A case management conference is currently scheduled for January 25, 2008, at 2:00 p.m.

4. The USCIS has been unable to adjudicate the plaintiffs' I-485 applications because the FBI has not yet completed the name check of plaintiff Zhigang Bai.*fn1

5. The parties believe there is a reasonable possibility that the FBI will complete the name check of plaintiff Zhigang Bai within the next 90 days and that USCIS will then be able to adjudicate the plaintiffs' I-485 applications.

Accordingly, the parties respectfully ask this Court to extend the date of the case management conference, currently scheduled for January 25, 2008, by ninety days. The parties would ask this Court to re-set the case management conference for April 25, 2008.

ORDER

Pursuant to stipulation,

IT IS SO ORDERED.


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