Barbara C. Pinto (Cal Bar: )NON-DETAINED
Immigration Senior StaffAttorney
Centro Legal de la Raza
3400 E 12th Street
Oakland, CA 94601
Phone: 510-274-2417
Fax: 510-437-9164
Email:
Pro Bono Attorney for the Respondent
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
SAN FRANCISCO, CALIFORNIA
______
)
In the Matter of )
)File No: AXXXX
LAST NAME,First Name)
)
) Date: February 6, 2017 at 8:30AM
In Removal Proceedings)Judge: Honorable Dalin R. Holyoak
)Hearing: Master Calendar
______)
RESPONDENT’S MOTION FOR A CONTINUANCE
RESPONDENT’S MOTION FOR A CONTINUANCE
COMES NOW Respondent, by and through undersigned pro bono counsel, and files the following Motion for a Continuance. An Immigration Judge may grant a continuance for good cause shown. 8 C.F.R. § 1003.29 (2014).
In support of this Motion, Respondent states as follows:
- Respondent is scheduled for a master calendar hearing before this Court on February 6, 2017 at 8:30AM.
- Respondent is being represented pro bono by undersigned counsel at Centro Legal de la Raza.
- Undersigned counsel respectfully requests this Court grant a continuance in these proceedings under the circumstances. Respondent has been made aware of the situation and is in agreement with this continuance request.
- Respondent is currently six years old, was adjudicated an Unaccompanied Alien Child (“UAC”), and will be filing for asylum with the San Francisco Asylum Office. Undersigned counsel is working diligently to prepare his application and supporting documentation, but requires additional time to do so. Specifically, counsel has been working on obtaining a psychological evaluation from Respondent as well as supporting documentation from Guatemala.
- Respondent respectfully requests that this Court grant a continuance in these proceedings to allow counsel to prepare the application and gather the requisite documentation.
- On January 9, 2017 undersigned counsel contact XXX XXX, Duty Attorney for the Department of Homeland Security who indicated that the Department declines to provide a position on this motion at this time(See Att. A)
- Respondent submits that there is good cause for a continuance in this case.
Respectfully submitted,
Barbara C. Pinto
Immigration Senior Staff Attorney
Centro Legal de la Raza
3400 E 12th Street
Oakland, CA 94601
Phone: 510-274-2417
Fax: 510-437-9164
Email:
Date: January 31, 2017
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
SAN FRANCISCO, CALIFORNIA
In the Matter of:
NAME XXXXFile No: AXXXX
ORDER OF THE IMMIGRATION JUDGE
Upon consideration of Respondent’s Motion for a Continuance, it is HEREBY ORDERED that the motion be □GRANTED □DENIEDbecause:
□DHS does not oppose the Motion.
□The Respondent does not oppose the Motion.
□A response to the Motion has not been filed with the Court.
□Good cause has been established for the Motion.
□The Court agrees with the reasons stated in the opposition to the Motion.
□The Motion is untimely per ______.
□ Other:
Deadlines:
□The application (s) for relief must be filed by ______.
□The respondent must comply with DHS biometrics instructions by ______.
______
DateHon. Dalin R. Holyoak
Certificate of Service
This document was served by: [ ] Mail [ ] Personal Service
To: [ ] Alien [ ] Alien c/o Custodial Officer [ ] Alien’s Attorney/Rep [ ] DHS
Date: ______By: Court Staff ______
Attachments: [ ] EOIR-33 [ ] EOIR-28 [ ] Legal Services List[ ] Other
PROOF OF SERVICE
I, Barbara C. Pinto, herby certify that I have served a copy of this Respondent’s Motion for a Continuance to the Department of Homeland Security, Office of the Chief Counsel, located at 100 Montgomery Street, Suite 200, San Francisco, CA 94104.
Date: February 1, 2017
Barbara C. Pinto
Immigration Senior Staff Attorney
Centro Legal de la Raza
3400 E 12th Street
Oakland, CA 94601
Phone: 510-274-2417
Fax: 510-437-9164
Email: