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Joselito Casimiro v. Eric H. Holder

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 6, 2013

JOSELITO CASIMIRO, PLAINTIFF,
v.
ERIC H. HOLDER, JR. ATTORNEY GENERAL,
JANET NAPOLITANO, SECRETARY, DHS,
JOHN MORTON, ASSISTANT SECRETARY USICE;
TIMOTHY AIKEN, FIELD OFFICE DIRECTOR, USICE,
DEFENDANT.

The opinion of the court was delivered by: Honorable Richard Seeborg United States District Judge

STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE AND HEARING DATE [PURSUANT TO CIVIL LOCAL RULE 7-12]

Petitioner Joselito Casimiro ("Petitioner") and respondents Eric Holder, Jr., Janet Napolitano, John Morton and Timothy Aiken ("Respondents"), by and through their respective counsel, hereby 3 stipulate as follows: 4 5 his counsel failed to file a Ninth Circuit petition for review, including a Request for Temporary 6 7 2. On the same day, this Court entered a temporary restraining order staying Petitioner's 9 deportation (Dkt. No. 2); 10 11 position that this Court lacks jurisdiction over this matter (Dkt. No. 3);

1. On April 29, 2013, Petitioner filed a Petition For A Writ of Habeas Corpus claiming that Restraining Order and Motion for Stay of Removal (Dkt. No. 1); 3. On May 1, 2013, pursuant to this Court's Order, Respondents file a Return stating their 4. On May 1, 2013, Petitioner filed an Amended Petition For A Writ of Habeas Corpus (Dkt. No. 5, 6);

Stay Removal, and that the parties agree on a hearing date; 19 5. On May 2, 2013 Petitioner filed a Motion to Stay Removal (Dkt. No. 7); 6. On May 2, 2013, the parties appeared for a hearing before this Court, at which time this Court requested briefing on Petitioner's Amended Petition For A Writ of Habeas Corpus and Motion to 18 7. The parties have agreed that Respondents will file their Return to Petitioner's Amended Petition For A Writ of Habeas Corpus and Motion to Stay Removal (Dkt. No. 5, 6, 7) on May 29, 2013 21 and Petitioner will file his Traverse on June 12, 2013; 22 23 on June 19, 2013 at 2 p.m.; and 25 26 hearing set for June 19, 2013.

8. The parties have further agreed that this matter should be set for hearing with this Court 9. Respondents agree that they will not remove Petitioner to the Philippines until after the 2 that Respondents will file their Return to Petitioner's Amended Petition For A Writ of Habeas Corpus 3 and Motion to Stay Removal (Dkt. No. 5, 6, 7) on May 29, 2013 and Petitioner will file his Traverse on 4 June 12, 2013 that this matter should be set for hearing with this Court on June 19, 2013 at 2 p.m.; and 5 that Respondents will not remove Petitioner to the Philippines until after the hearing set for June 19, 6 7

THEREFORE, IT IS HEREBY STIPULATED by and between Petitioner and Respondents 2013. Dated: May 3, 2013 Respectfully Submitted, 9 10 KEVIN M. CRABTREE Attorney for Petitioner /s/ Kevin M. Crabtree Dated: May 3, 2013 Respectfully Submitted, 14 United States Attorney MELINDA HAAG /s/Rebecca A. Falk REBECCA FALK *fn1 Assistant United States Attorney Attorney for Respondents

PURSUANT TO STIPULATION, IT IS SO ORDERED.


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