IN THE UNITED STATES DISTRICT COURT IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA
May 12, 2011
UNITED STATES OF AMERICA,
JORGE LUAS LAURIANO-RIOS AKA ADRIAN CRUZ-RIOS,
The opinion of the court was delivered by: Hon. Oliver W. Wanger
Patience Milrod 844 N. Van Ness Avenue Fresno, California 93728 559/442-3111 Attorney for JORGE LUAS LAURIANO-RIOS (aka ADRIAN CRUZ-RIOS)
Date: May 16, 2011
Time: 1:30 p.m.
STIPULATION TO CONTINUE
STATUS HEARING and ORDER
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KATHLEEN SERVATIUS, Assistant United States Attorney for Plaintiff, and PATIENCE MILROD, counsel for the Defendant:
1. Between February 7, 2011 and the date of the last hearing, March 28, 2011, defense counsel's office has initiated seven contacts with Lester Velasquez of the Mexican Consulate, attempting to find out the status of Mr. Lauriano-Rios' request to have his mother sign a declaration in support of his True Age motion. (Please see, Stipulation to Continue Status Hearing, dated March 3, 2011, docket number 54.) All attempts have resulted in the Consul informing Ms. Milrod that the Consulate cannot give a date by which a signed declaration will be in her possession.
2. On March 25, 2011, Ms. Milrod's assistant again emailed Mr. Velasquez for an update in order to prepare for the upcoming hearing on March 28, 2011. Mr. Velasquez replied to Ms. Milrod's assistant's email on March 28, 2011, informing her that the Mexican authorities are still trying to find out if Mr. Lauriano-Rios' mother lives in Santiago Cuixtla. Again, Mr. Velasquez could not give us an estimate of how long this request would take.
3. On April 25, 2011, Ms. Milrod's assistant again emailed Mr. Velasquez for an update, and also requested the Consul help obtain Mr. LaurianoRios' school certificate, which may have both Mr. Lauriano-Rios' photograph and his date of birth. Mr. Velasquez responded the same day and informed Ms. Milrod's assistant that the delegation recently sent a formal request to the Municipal Director of the DIF (Desarrollo Integral de la Familia), an agency in Mexico similar to Child Protection Services, so they will help in locating the mother at that level, or make a new request to the local authorities in Santiago Cuixtla who would probably go locate her themselves. Further Mr. Velasquez stated that he would put in a new request to obtain Mr. Lauriano-Rios' school certificate.
4. On April 29, 2011 Ms. Milrod's assistant emailed Mr. Velasquez to inquire whether or not the school certificate would have Mr. Lauriano-Rios' age or birth date on it. Mr. Velasquez responded on May 3, 2011. He informed Ms. Milrod's assistant that not all Mexican school certificates have a birth date on them.
5. On May 9, 2011, Ms. Milrod's assistant emailed Mr. Velasquez informing him that this matter has become urgent and need a more definite answer as to when we will have these documents. Mr. Velasquez responded the same day and informed Ms. Milrod's assistant that the Consulate had notified the Delegation of the Mexican Ministry of Foreign Affairs in Oaxaca of the urgency of this case. On May 4, 2011, the Consulate had sent a new communication, requesting that the Ministry obtain a copy of the school certificate. Mr. Velasquez further stated that there is no other way to speed up the process, given that the response to such a request is channeled through several different institutions: that is, the Ministry of Foreign Affairs requests information from the Municipal authorities (as it was done to locate the mother), or in the case of the request to obtain the school certificate, to the Ministry of Public Education. He could not provide Ms. Milrod's assistant with a definite time by which these documents would be in defense counsel's possession.
6. On May 10, 2011 Ms. Milrod's assistant emailed Mr. Velasquez and asked him if there was someone in the delegation that they could call to help facilitate this matter. As of this date Ms. Milrod's assistant has not heard back from Mr. Velasquez.
7. On May 10, 2011, the parties conferred and agreed to put over the hearing to allow sufficient time to get the requested documents from the Consulate.
8. Therefore, the parties hereby stipulate to an order continuing the date for the hearing, from May 16, 2011 at 1:30 p.m. to a new date of May 31, 2011 at 9:00 a.m
IT IS SO STIPULATED.
Having reviewed the stipulation of the parties, and good cause appearing therefor,
IT IS HEREBY ORDERED that the hearing in this matter now set for Monday, May 16, 2011, at 1:30 p.m. is vacated, and the hearing is continued to Monday, May 31, 2011, at 9:00 a.m., in the courtroom of the Hon. Oliver W. Wanger.
IT IS SO ORDERED.
Oliver W. Wanger UNITED STATES DISTRICT JUDGE
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