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Case: 11-3231 Document: 68 Page: 1 Filed: 05/03/2013

No. 2011-3231 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

ROBERT J. MACLEAN, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent.

RESPONDENTS UNOPPOSED MOTION FOR EXTENSION OF TIME

Pursuant to Rule 26(b) of the Federal Circuit Rules, respondent, Department of Homeland Security, respectfully requests an extension of time of 60 days, up to and including August 9, 2013, within which to file a petition for rehearing or rehearing en banc. Pursuant to Federal Circuit Rule 40, any such petition is currently due 45 days after the date of the panels opinion, or on June 10, 2013. This is our first request for an extension of time for this purpose. Petitioner, Robert J. Maclean has indicated, through his attorney, that he does not oppose this motion. This request for an additional 60 days within which to file any petition

Case: 11-3231 Document: 68 Page: 2 Filed: 05/03/2013

for rehearing is necessary because the Department of Justice is still determining whether it will request any further review of the panels opinion. This case involves a sensitive issue of law that requires careful review and deliberation by the Department of Homeland Security, the Department of Transportation, and other interested agencies. Additional time is needed to continue these discussions. In addition, we must secure the Solicitor Generals permission before filing any such petition. We anticipate that an additional 60 days will provide the Solicitor General sufficient time to determine whether the United States will file any further request for review and for the undersigned counsel to adequately prepare and obtain the necessary supervisory approval prior to filing the petition. For these reasons, respondent, the Department of Homeland Security, requests that the Court grant this unopposed motion for an extension of time to and including August 9, 2013, to file a petition for panel rehearing or rehearing en banc. Respectfully submitted, STUART F. DELERY Acting Assistant Attorney General JEANNE E. DAVIDSON Director 2

Case: 11-3231 Document: 68 Page: 3 Filed: 05/03/2013

/s/Todd M. Hughes TODD M. HUGHES Deputy Director /s/Michael P. Goodman MICHAEL P. GOODMAN Trial Attorney U.S. Department of Justice Civil Division P.O. Box 480; Ben Franklin Station Washington, D.C. 20044 Tel: (202) 305-2087 May 3, 2013 Attorneys for Respondent

Case: 11-3231 Document: 68 Page: 4 Filed: 05/03/2013

CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 3rd day of May, 2013, a copy of the foregoing RESPONSE TO ORAL ARGUMENT ORDER was filed electronically. This filing was served electronically to all parties by operation of the Courts electronic filing system. /s/Michael P. Goodman