Tran v. Napolitano dismissed

ellis-island · April 6, 2011

The bad news is Tran v. Napolitano was dismissed on March 29, 2011.

Good news? I exchanged emails w/Brent. He said he'd always planned to have to win this on appeal.

What does this mean?

It means the current system will continue for the future. K1's will expire.

Petitioners will have to marry or re-file a K-1 with an IMBRA Multiple Petition Limit waiver.

To me, the worst part of this dismissal is the Judge did not directly address the p6c1 issue.

The court simply ruled that plaintiffs had not shown they were damaged by this weird procedure

of creating misrepresentation findings out of thin air.

I think the p6c issue is still to be resolved. And I remain convinced that p6c1

markers and 'alien smuggling' findings, will be the subject of the next class action.

As soon as I get a link to the decision that is outside AILA Info-Net, I'll post it.

For those who do not know about p6c's. http://www.ilw.com/a...0713-ellis.shtm

***

Brent is suing to get 30 day review of denied K1 visas. He's also suing on the P6c1 issue.

Some Guangzhou people will remember how the system was two years ago, when Petitioners were being

told they'd have to wait years to have an expired K1 reviewed. Whatever the drawbacks of the present

system of re-filing & re-interviewing are, it's better now than it was two years ago.

Edited April 6, 2011 by ellis-island (see edit history)

chilton747 · April 6, 2011

Thanks for the update Marc. I can't get your link to work. The ILW website comes up but it says "page not found" up at the top.

Edited April 6, 2011 by chilton747 (see edit history)

Randy W · April 7, 2011

Here's the correct link

For those who do not know about p6c's. http://www.ilw.com/a...0713-ellis.shtm

Yes - this one IS different, even though it looks the same

Edited April 7, 2011 by Randy W (see edit history)

Recommended Posts