K2 Cases before the BIA

[ChrisA]

So now they not only want to take him away from his family, they also want to treat him like a criminal even though he has broken no laws.

 

 

My feelings too, there treating him like a criminal, even though he hasn't committed a crime.

[ChrisA]

He has to check-in with ICE every 90 days, the next check-in date is 7 July 2010, should he miss this check-in date, they will Detain him?

 

What he was issue by ICE was an "Order of relase on Recognizance"

[tkgert]

So now they not only want to take him away from his family, they also want to treat him like a criminal even though he has broken no laws.

 

 

My feelings too, there treating him like a criminal, even though he hasn't committed a crime.

 

I really feel for you and your wife , and wish you the best in your outcome of this. There is no reason that we should have to be put thru this kind of bullshit. Good luck to you Chris,

[ChrisA]

Well some interesting new's, we got our EOIR court date for July 29, 2010.

 

We will be in US District Court on Friday Apr. 9, 2010. Should the Court retain jurisdiction, based on the current submitted plan, the target date for a final decision should be on Nov. 10, 2010

 

For us this, it's USCIS's reaction to the lawsuit we filed in Oct, 2009 with the US District Court, exactly 60 days from the filing, USCIS issued the NTA, with no court date. Now that we have had our little meeting from the Mar 25, 2010. ICE released him on his own recog.

 

They are now taking the matter seriously, we are now hoping the District Court see things in our favor, the US Asst. Attorney has already made one mistake, by filing a late joint discovery plan. Our attorney made her submit her explanation in a motion to the court, how much weight this will have, won't don't know, should be interesting to hear the Judge's opinion.

[tsap seui]

Good luck Chris and family.

 

I could type for hours about immigration injustice...I just hope and pray you get justice for your son, and NOT Homeland Security type justice.

 

My hopes and prayers are with you. I know the costs, financially and emotionally, that the government can put you through...all in the name of WHAT? Homeland Security?

 

tsap seui

[ChrisA]

tsap,

 

Thanks for the kind words, we just want to get on with life, but with this bump in the road has kind of side-tracked us for the moment.

 

Those in the know, are well aware that DHS/ICE/USCIS doesn't have a leg to stand on, they have lost a number of times already in various courts (9th & 10th Cir. A. , US District, and 4x EOIR) but continue to go down a lossing road wasting you and my taxs dollar in the process.

 

I'm aware of 7 cases pending before the BIA and 1 pending case I believe in New Mexico, I haven't heard much on that case. There is a case or two also pending before the EOIR up in Minn. Mich area. Dave one of our members is in the same situation as we are, his EOIR judge has tabled the proceeding until the BIA makes a decision on any of the 7 cases that are pending. There is a small catch with the BIA, if a decision is handed down by a single judge it isn't presidence setting, it has to be a decision from a three judge panel to set presidenced nation-wide.

 

At any rate, keep your fingers crossed for good luck.

Edited April 8, 2010 by Chris&lijun (see edit history)

[tsap seui]

tsap,

 

Thanks for the kind words, we just want to get on with life, but with this bump in the road has kind of side-tracked us for the moment.

 

Those in the know, are well aware that DHS/ICE/USCIS doesn't have a leg to stand on, they have lost a number of times already in various courts (9th & 10th Cir. A. , US District, and 4x EOIR) but continue to go down a lossing road wasting you and my taxs dollar in the process.

 

I'm aware of 7 cases pending before the BIA and 1 pending case I believe in New Mexico, I haven't heard much on that case. There is a case or two also pending before the EOIR up in Minn. Mich area. Dave one of our members is in the same situation as we are, his EOIR judge has tabled the proceeding until the BIA makes a decision on any of the 7 cases that are pending. There is a small catch with the BIA, if a decision is handed down by a single judge it isn't presidence setting, it has to be a decision from a three judge panel to set presidenced nation-wide.

 

At any rate, keep your fingers crossed for good luck.

 

 

No problem buddy. My fingers are crossed for you guys. Sorry that you are being exposed to the underbelly of America.

 

We're going to file for a CR-1/CR-2 in May...and if it's progess is too quick, purposely slow it down so the interview is very late this year, or early next year...just so we get a ten year card and NO MORE INTERFERENCE from Uncle Sam. Our marriage date: 5 March 2009 Ain't no way in hell the lil' rabbit and our son are setting foot on these shores before March 6th 2011.

 

tsap seui

[ChrisA]

Well,

 

Some movement on our case, the US District Judge here is allowing us the chance of Oral Arguement for our cross motion in reference the MTD, slated for Wednesday, 28 July 10. It appears that he has decided to retain jurisdiction, waiting for clairity from our lawyer.

 

Then on Thursday, we have our date with the IJ, and the Master Calendar Hearing, so a busy week ahead of us.

[Randy W]

I'm sure you'll let us know. On our side, the I-130 was recently approved after only 2 years instead of the expected 8 to 10. Jiaying says she might have wanted to stay in the states if she had known it would be so quick. But I'm almost certain that he's not interested. With her green card all but abandoned, that would appear to be the end of that.

[ChrisA]

Just an Update about last week.

 

Our US District Court appearance was cancelled at the last minute, the Judge had a case that lasted long than expected. The rescheduled dated is for Aug 16, 2010 @ 10 AM. Seems he has made his decision to deny the Governments Motion to Dismiss the case, we have this in his lead Draft of his pending Order, I won't be happen until I hear coming from his mouth.

 

As for the IJ appearance, the MCH was a little funny in the fact that we admitted to 5 of the 7 facts that USCIS said we were in violation of, defense consul was shocked, that we pre-ask for termination of proceedings, the IJ hs rescheduled us for a new MCH on Mar. 10, 2010., he also wants to know more about the current proceedings once were finished in US District Court, proir to the new MCH. I think the IJ understood, that we beat them to the punch and it's their fault by not starting the action/removal proceedings. Oh well live and learn.

[ChrisA]

Hi All,

 

Well, we lost the case in District Court, do to jurisdiction only, all parties involved, Judge Wake, DHS & us, agreeded that there is no dispute of the facts in the case. IN Judge Wake's pre-draft decision before oral Arguements, he was set to take Jurisdiction, but reversed himself and gave Jurisdiction to the Gov.

 

Just want to update you¡¯ll of the result from our IJ hearing today Mar 24, 2011, with future court dates:

 

Individual Hearing set for Mar 11, 2014.

 

Discovery Motions due to the IJ by: May 5, 2011

 

ICE response to our Motion due to the IJ by July 8,2011

 

Next Master Calendar Hearing: Aug 2, 2011

 

Reason is that the ICE attorney opposes our motion and claims that there is are factual disputes in our case as US District Judge Wake and DHS have already agreed to, she indicated that I could have filed an I-130 and my son and he would have protected under CSPA against the ¡°aged-out¡±, naturally this was a surprise for both my attorney and me to say the least. Seriously, we all know that CSPA belongs to K3¡¯s and K4¡¯s, already married seek to immigrate to the USA. I don¡¯t see her logic here other than to drag this out for as long as possible?

 

Therefore we countered with the courts approval to enter a re-discovery motions to clarify ours and the ICE¡¯s position in this matter. We will file our motions of May 5th, 2011, the Gov. has 60 days to file there cross-motions (which I think is BS) before we appear again on Aug 2, 2011 for Master Calendar #3.

 

The IJ questioned the ICE Attorney if she has read our motion that was filed on 10 Mar 2011 with the court, she stated that she has just seen it, received a copy from our attorney prior to the start of the proceedings today. Our attorney has been trying to contact her since the end of Feb 2011 with no response from opposing council. I don¡¯t think that went over well with the IJ!

 

In fact our attorney and myself could clearly see that the ICE attorney wasn¡¯t prepared, namely with the BS response from above (I-130 and CSPA) and it appeared that the IJ was ready to make a decision today but didn¡¯t?

 

At any rate, we did get the IJ to approve a renewal of the I-485 without fees, should take about 90 to 120 days before everything is completed.

 

A new case is "SESAY - a K1 issue" dated Mar 17, 2011, both Choin and Carpio are referenced in the SESAY: EOIR case decision, but another topic of this case in it¡¯s reading of INA 245 (a and d), so something to keep in the back-pocket is Grushin, which is a EOIR decision based on INA 245, the likely-hood is the Government is going to using anything everything at this point (CYA).

[Randy W]

 

 

At any rate, we did get the IJ to approve a renewal of the I-485 without fees, should take about 90 to 120 days before everything is completed.

 

 

 

 

Did you mean the I-765 Employment Authorization?? Anyway, sounds like it's chuggin' along! Hang in there!

[ChrisA]

 

 

At any rate, we did get the IJ to approve a renewal of the I-485 without fees, should take about 90 to 120 days before everything is completed.

 

 

 

 

Did you mean the I-765 Employment Authorization?? Anyway, sounds like it's chuggin' along! Hang in there!

 

 

Correct EAD Card