Case 3:18-cv-00071-DCG Document 9 Filed 04/05/18 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION EMILIO GUTIERREZ-SOTO, Petitioner, § § § OSCAR GUTIERREZ-SOTO, § Consolidated Petitioner, § § v. § § JEFFERSON SESSIONS III, in his official § capacity as Attorney General of the United § States; KIRSTJEN NIELSEN, in her § official capacity as Secretary of U.S. § Department of Homeland Security; § THOMAS HOMAN, in his official capacity § as Director of U.S. Immigration and § Customs Enforcement; WILLIAM JOYCE, § in his official capacity as Acting El Paso § Field Office Director for U.S. Immigration § and Customs Enforcement; and UNITED § STATES DEPARTMENT OF § HOMELAND SECURITY, § Respondents. § EP-18-CV-00071-DCG RESPONDENTS’ OPPOSED FIRST MOTION FOR EXTENSION OF TIME TO THE HONORABLE JUDGE OF SAID COURT COME NOW, Respondents, JEFFERSON SESSIONS III, Attorney General of the United States, KRISTJEN NELSEN, Secretary of U.S. Department of Homeland Security (“DHS”), THOMAS HOMAN, Director of U.S. Immigration and Customs Enforcement (“ICE”), WILLIAM JOYCE, Acting Field Office Director of the El Paso Field Office for U.S. Immigration and Customs Enforcement, and UNITED STATES DEPARTMENT OF HOMELAND SECURITY, by and through the United States Attorney for the Western District of Texas, and file this Opposed First Motion for Extension of Time which to answer, plead, or otherwise respond to Case 3:18-cv-00071-DCG Document 9 Filed 04/05/18 Page 2 of 5 the Petitions for Writ of Habeas Corpus in the above-entitled and numbered cause and would respectfully show the Court the following: 1. Petitioner Emilio Gutierrez-Soto filed his Petition for Writ of Habeas Corpus and Brief in Support of Petition of Habeas Corpus on March 6, 2018. ECF No. 1 and 2. Petitioner Oscar Gutierrez-Soto filed his Petition for Writ of Habeas Corpus on March 6, 2018. ECF No. 1, EP-18-CV-00072-DCG. 2. On March 6, 2018, Petitioners each filed Motions to Consolidate. ECF No. 5 and EP-18-CV-00072-DCG, ECF No. 4. On March 20, 2018 this Court issued its Order Granting Motion to Consolidate. ECF No. 8. The matter shall proceed under Cause No. EP-18-CV-00071DCG. Id. 3. On March 7, 2018, this Honorable Court issued its Order Requiring Respondents to File a Response to petition no later than April 6, 2018. ECF No. 7 and ECF No. 6, EP-18-CV00072-DCG. 4. Petitioners are challenging DHS’s decision to detain them beginning December 7, 2017, while their applications for asylum are on appeal to the Board of Immigration Appeals (“BIA”). See ECF No. 1, p. 2. The applications for asylum remain pending before the BIA. ECF No. 2, p. 2. 1 5. The administrative agency, ICE, has provided certain documents. Undersigned counsel has requested additional documents to which ICE is in the process of gathering. The additional documents are necessary in order to respond to Petitioners’ Petition for Writ of Habeas Corpus. In order to review the documents and information and to properly respond to the Responsive briefs to an amicus brief filed in the BIA appeal are believed to be due April 10, 2018. 1 2 Case 3:18-cv-00071-DCG Document 9 Filed 04/05/18 Page 3 of 5 numerous and complex issues raised by Petitioners, the undersigned respectfully request a three week extension of time; up to and including, April 27, 2018. 6. Respondents, therefore, request an extension of time to answer, plead or otherwise respond to Petitioner’s petition, no later than April 27, 2018. 7. This request for extension of time is not made for the purpose of unnecessary delay or prejudice, but so that justice may be done in this case. 8. The undersigned conferred with Petitioners’ counsel who indicated Petitioners are opposed to this motion for extension of time. WHEREFORE, PREMISES CONSIDERED, Respondents respectfully request that this First Motion for Extension of Time be granted in all things and pray for such other and further relief to which Respondents may show themselves justly entitled. Respectfully submitted, JOHN F. BASH UNITED STATES ATTORNEY /s/ Manuel Romero MANUEL ROMERO Assistant U.S. Attorney Texas State Bar No. 24041817 700 E. San Antonio, Ste. 200 El Paso, Texas 79901 Office: (915) 534-6555 Facsimile: (915) 534-3490 Email: manuel.romero@usdoj.gov Attorneys for Respondents 3 Case 3:18-cv-00071-DCG Document 9 Filed 04/05/18 Page 4 of 5 CERTIFICATE OF SERVICE I hereby certify that on the 5th day of April 2018, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following: Eduardo Becket and Penny M. Venetis, Attorneys for Petitioners. /s/ Manuel Romero MANUEL ROMERO Assistant United States Attorney 4 Case 3:18-cv-00071-DCG Document 9 Filed 04/05/18 Page 5 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION EMILIO GUTIERREZ-SOTO, Petitioner, § § § OSCAR GUTIERREZ-SOTO, § Consolidated Petitioner, § § v. § § JEFFERSON SESSIONS III, in his official § capacity as Attorney General of the United § States; KIRSTJEN NIELSEN, in her § official capacity as Secretary of U.S. § Department of Homeland Security; § THOMAS HOMAN, in his official capacity § as Director of U.S. Immigration and § Customs Enforcement; WILLIAM JOYCE, § in his official capacity as Acting El Paso § Field Office Director for U.S. Immigration § and Customs Enforcement; and UNITED § STATES DEPARTMENT OF § HOMELAND SECURITY, § Respondents. § EP-18-CV-00071-DCG ORDER On this date, came on to be considered Respondents’ First Motion for Extension of Time in the above-entitled and numbered cause. Upon consideration of the pleadings, the Court is of the opinion that Respondents’ motion should be GRANTED. IT IS THEREFORE, ORDERED, that Respondents shall answer, plead, or otherwise respond to the above-styled and numbered Writ for Habeas Corpus no later than . SIGNED and ENTERED this day of DAVID GUADERRAMA UNITED STATES DISTRICT JUDGE , 2018.