Case 8:12-cv-01137-CBM-AJW Document 72

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STUART F. DELERY Acting Assistant Attorney General, Civil Division AUGUST E. FLENTJE Acting Deputy Assistant Attorney General DAVID J. KLINE Director, Office of Immigration Litigation District Court Section JEFFREY S. ROBINS Assistant Director JESI J. CARLSON Senior Litigation Counsel TIMOTHY M. BELSAN (KS 24112) Trial Attorney P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 532-4596 Facsimile: (202) 305-7000 Email: timothy.m.belsan@usdoj.gov Attorneys for Defendants UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA MARTIN ARANAS, et al., ) ) Plaintiffs, ) ) v. ) ) JANET NAPOLITANO, Secretary, ) Department of Homeland Security, ) et al., ) Defendants. ) ) ) ) ______________________________ ) No. 8:12-cv-1137-CBM (AJWx)

EX PARTE APPLICATION TO EXTEND DEFENDANTS TIME TO RESPOND TO BLAGS MOTION TO DISMISS DECLARATION OF TIMOTHY M. BELSAN [PROPOSED] ORDER Before the Hon. Consuelo B. Marshall

Case 8:12-cv-01137-CBM-AJW Document 72

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Defendants hereby apply ex parte for an order extending their time to respond to the Bipartisan Legal Advisory Group of the U.S. House of Representativess (BLAG) Motion to Dismiss, Dkt. Nos. 36, 62. Pursuant to this Courts October 11, 2012 Order, Defendants response to BLAGs Motion to Dismiss is due today, October 30, 2012.1 However, due to the unexpected closure of the federal governments offices in Washington, D.C. on October 29-30, 2012, Defendants have been unable to coordinate with and obtain the necessary review by the appropriate clients, agencies, and Department of Justice components. Accordingly, Defendants respectfully request a two-day extension to November 1, 2012. Defendants submit that this ex parte application is justified by Defendants need to obtain relief prior to their current response deadline of October 30, 2012. Pursuant to L.R. 7-19.1, Defendants gave notice of this application to Plaintiffs via telephone on October 30, 2012. Plaintiffs counsel Peter Schey indicated that Plaintiffs support this application. Defendants also gave notice of this application to BLAG on October 30, 2012, via e-mail and voicemail. At the time of filing, Defendants were unable to obtain BLAGs position. This application is based on the accompanying attorney declaration and all prior briefing and evidence submitted in this case.

Defendants are required to replace their initial Opposition to BLAGs Motion to Dismiss (Dkt. No. 51), with one no more than 30 pages in length. Dkt. No. 55

Case 8:12-cv-01137-CBM-AJW Document 72

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Dated: October 30, 2012

Respectfully submitted, STUART F. DELERY Acting Assistant Attorney General Civil Division AUGUST E. FLENTJE Acting Deputy Assistant Attorney General DAVID J. KLINE Director, Office of Immigration Litigation JEFFREY S. ROBINS Assistant Director JESI J. CARLSON Senior Litigation Counsel s/ Timothy M. Belsan TIMOTHY M. BELSAN Trial Attorney District Court Section Office of Immigration Litigation P.O. Box 868, Ben Franklin Station Washington, DC 20044 Attorneys for Defendants

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DECLARATION OF TIMOTHY M. BELSAN I, Timothy M. Belsan, hereby declare under penalty of perjury: 1. I, Timothy M. Belsan, am a Trial Attorney for the United States Department of Justice, Civil Division, Office of Immigration Litigation, District Court Section, in Washington, DC. I am counsel for Defendants in this matter. 2. The federal governments offices in Washington, D.C. were closed on October 29-30, 2012, due to Hurricane Sandy. Because of this closure, Defendants have been unable to coordinate with and obtain the necessary review by the appropriate clients, agencies, and Department of Justice components concerning Defendants response to BLAGs motion to dismiss which is due today, October 30, 2012. 3. On October 30, 2012, in compliance with L.R. 7-19.1, Defendants conferred with Plaintiffs counsel via telephone regarding this ex parte application. Plaintiffs counsel Peter Schey indicated that Plaintiffs supported Defendants application. On October 30, 2012, Defendants also attempted unsuccessfully to confer with counsel for BLAG via telephone regarding this ex parte application. Defendants also sent an email to counsel for BLAG regarding this ex parte application and the requested relief but, at the time of filing, has not yet received a response. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on October 30, 2012, at Alexandria, VA. /s/ Timothy M. Belsan TIMOTHY M. BELSAN

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UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA MARTIN ARANAS, et al., ) ) Plaintiffs, ) ) v. ) ) JANET NAPOLITANO, Secretary, ) Department of Homeland Security, ) et al., ) Defendants. ) ______________________________ ) No. 8:12-cv-1137-CBM (AJWx)

[PROPOSED] ORDER

[PROPOSED] ORDER Pursuant to Defendants Ex Parte Application to Extend Defendants Time to Respond to BLAGs Motion to Dismiss, and for the reasons stated therein, IT IS HEREBY ORDERED that Defendants response to BLAGs motion to dismiss shall be due November 1, 2012. SO ORDERED.

DATED: October __ , 2012.

_______________________________ HON. CONSUELO B. MARSHALL UNITED STATES DISTRICT JUDGE

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Presented by: STUART F. DELERY Acting Assistant Attorney General, Civil Division AUGUST E. FLENTJE Acting Deputy Assistant Attorney General DAVID J. KLINE Director, Office of Immigration Litigation District Court Section JEFFREY S. ROBINS Assistant Director JESI J. CARLSON Senior Litigation Counsel /s/ Timothy M. Belsan TIMOTHY M. BELSAN Trial Attorney P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 532-4596 Facsimile: (202) 305-7000 Email: timothy.m.belsan @usdoj.gov Attorneys for Defendants