SPECIAL SHOW CAUSE MOTION TO ADMIT GOVERNMENT ATTORNEY TO PRACTICE IN THE DISTRICT OF NEVADA FOR DURATION OF ATTORNEY'S GOVERNMENT EMPLOYMENT

CARL W. HOFFMAN, Magistrate Judge.

Pursuant to LR IA 10-3, the United States of America respectfully requests that this honorable Court admit Government attorney Theo Nickerson to practice in the District of Nevada for the abovecaptioned case and in all matters in this district during the period of employment by the United States. Rule IA 10-3 provides:

Ms. Nickerson is an attorney with the United States Department of Justice, Civil Division, Office of Immigration Litigation, an agency of the federal government, and is a member in good standing of the State Bar of Connecticut (No. 429356).

In addition, the "conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing evidence therefor, is reserved to officers of the Department of Justice, under the discretion of the Attorney General." 28 U.S.C. § 516. In addition, pursuant to 28 U.S.C. § 515(a), the Attorney General or any other officer of the Department of Justice is authorized to conduct any kind of legal proceeding, civil or criminal, which United States Attorneys are authorized to conduct, "whether or not he is a resident of the district in which the proceeding is brought." Further, any officer of the Department of Justice may be sent by the Attorney General to any judicial district in the United States "to attend to the interests of the United States in a suit pending in a court of the United States, . . . or to attend to any other interest of the United States." 28 U.S.C. § 517.

Pursuant to these statutory authorities, the Attorney General has delegated litigation authority to the Assistant Attorney General for the Civil Division, 28 C.F.R., Subpart I, including the defense of "challenged actions of Government agencies and officers, . . .". 28 C.F.R. § 0.45(h).

While these statutory and legal authorities ordinarily establish the basis for a Department of Justice, Civil Division, Office of Immigration Litigation attorney to appear on behalf of the United States in any federal court, on June 6, 2012, this Court gave notice to the First Assistant U.S. Attorney for the United States Attorney's Office for the District of Nevada that the Court "will no longer grant pro hac recognition to Washington D.C. Justice Attorneys without a special show cause that they will comply with court orders, local ethical rules and the rules of the State Bar of Nevada." (United States of America v. Estate of E. Wayne Hage, et al., 2:07-cv-01154-RCJ-VCF; ECF # 336 at 2). In light of that notice, the United States attaches the Declaration of Theo Nickerson, which attests that Ms. Nickerson will comply with court orders, local ethical rules, and the rules of the State Bar of Nevada.

The following contact information is provided to the Court:

Accordingly, the United States respectfully requests that an order be issued at the earliest opportunity permitting Theo Nickerson to practice before this Court.

Respectfully submitted.

IT IS SO ORDERED.