Barron Montoya v. United States

District Court, D. South Dakota

Barron Montoya v. United States

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

JUAN ENRIQUE BARRON MONTOYA, 4:16-CV-04088-KES

Plaintiff, ORDER LIFTING STAY AND vs. DIRECTING SERVICE AND RESPONSE UNITED STATES OF AMERICA,

Defendant.

On April 12, 2017, this court granted plaintiff’s motion to stay his case pending the Supreme Court’s decision in Lynch v. Dimaya. Dockets 10, 11. The Supreme Court issued its opinion in Dimaya on April 17, 2018. Sessions v. Dimaya,

138 S. Ct. 1204

(2018). Thus, it is ORDERED that the stay is lifted. IT IS FURTHER ORDERED that the United States Attorney for the District of South Dakota will serve and file an answer or responsive pleading to plaintiff’s petition, together with a legal brief or memorandum in support thereof, on or before August 23, 2018. Dated July 24, 2018. BY THE COURT:

/s/ Karen E. Schreier KAREN E. SCHREIER UNITED STATES DISTRICT JUDGE

Reference

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