United States v. The Wall Company, LLC

21 OCAHO no. 1633 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER January 13, 2025 UNITED STATES OF AMERICA, Complainant, v. THE WALL COMPANY, LLC, Respondent. 8 U.S.C. § 1324a Proceeding OCAHO Case No. 2025A00016 Appearances: Conor F. McNulty, Esq., for Complainant Kathleen Campbell Walker, Esq., for Respondent ORDER GRANTING RESPONDENT’S MOTION FOR EXTENSION - ANSWER On January 10, 2025, Respondent, filed an Unopposed Motion for Extension of Time to File Answer to Complaint Required by 28 C.F.R. § 68.9.1 Respondent attaches evidence the motion is unopposed (email correspondence from Complainant), and desires a three-day extension of the answer deadline (to January 16, 2025). Respondent explains the parties are “currently engaged in negotiations . . . concerning potential settlement of the case.” Mot. Extension 1.

Here, Respondent diligently requests the extension in advance of the deadline, and provides good cause2 for the extension. Further, the amount of time requested is short in duration and the request is unopposed. Respondent’s motion is GRANTED. The Answer is due January 16, 2025.3 1 Respondent’s answer is due by January 13, 2024.

See 28 C.F.R. §§ 68.38(a); 68.8(a). 2 “OCAHO’s Rule of Practice and Procedure for Administrative Hearings do not provide specific standards for granting extensions, but the standard routinely applied is good cause.” United States v. Space Exploration Techs., 18 OCAHO no. 1499, 5 (2023) (citations omitted). 3 Because the parties have indicated that they are in settlement negotiations, to facilitate the progress of this case, the Court will serve this Order electronically. The parties may submit any motions to dismiss based on settlement electronically as well, but must include a Certificate of Service.

SO ORDERED.

Dated and entered on January 13, 2025. 21 OCAHO no. 1633 __________________________________ Honorable Andrea R. Carroll-Tipton Administrative Law Judge 2 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER 21 OCAHO no. 1633 January 14, 2025 UNITED STATES OF AMERICA, Complainant, v. THE WALL COMPANY, LLC, Respondent. 8 U.S.C. § 1324a Proceeding OCAHO Case No. 2025A00016 Appearances: Conor F. McNulty, Esq., for Complainant Kathleen Campbell Walker, Esq., for Respondent AMENDED ORDER GRANTING RESPONDENT’S MOTION FOR EXTENSION - ANSWER On January 13, 2025, the Court issued an Order Granting Respondent’s Motion for Extension – Answer. In that Order, the deadline was extended, as Respondent requested; however, the Order contained a typographical error, to wit: the date.

Respondent’s extension to file an answer is granted through Friday, January 17, 2025 (vice January 16, 2025 as the Order erroneously stated). Nothing in this Amended Order serves to supersede or otherwise modify the contents of the previous Order in which the Court granted the requested extension.

SO ORDERED.

Dated and entered on January 14, 2025. __________________________________ Honorable Andrea R. Carroll-Tipton Administrative Law Judge 3