Case: Costello v. Chertoff

8:08-cv-00688 | U.S. District Court for the Central District of California

Filed Date: July 16, 2008

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On July 16, 2008, the plaintiffs, US citizens who have filed a visa petition for a child in accordance to the Child Status Protection Act (CSPA) but were denied or deferred due to significant delay, brought suit against the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) in the U.S. District Court for the Central District of California. The plaintiffs, represented by private counsel, filed under the Administrative Procedures Act (APA) and Immigration…

On July 16, 2008, the plaintiffs, US citizens who have filed a visa petition for a child in accordance to the Child Status Protection Act (CSPA) but were denied or deferred due to significant delay, brought suit against the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) in the U.S. District Court for the Central District of California. The plaintiffs, represented by private counsel, filed under the Administrative Procedures Act (APA) and Immigration and Nationality Act (INA), seeking declaratory and injunctive relief ordering USCIS officials to approve the immigrant visas in accordance with CSPA. Under the INA, children "age-out" at 21 years old, meaning they are no longer able to obtain immigrant visas with their family. CSPA provides relief to individuals who have applied for visas for a child that subsequently aged out before USCIS acted on the application by "freezing" the child's age on the date of application.

The plaintiffs sought certification of two subclasses: (1) those denied a visa application for their child when he or she aged out, even though the child's age should have been frozen under CSPA, and (2) those facing separation from their children as a result of USCIS failing to act on the child's visa application. On July 16, 2009, the U.S. District Court for the Central District of California (Judge James V. Selna) certified both subclasses. 258 F.R.D. 600 (C.D. Cal. 2009).

On September 9, 2009, the defendants moved for summary judgment, claiming that the statute was ambiguous under the Board of Immigration Appeals (BIA) decision in Matter of Wang, in which the BIA held that an aged-out child was barred from obtaining an immigrant visa through his or her parent. 25 I. & N. Dec. 28 (BIA 2009). On November 18, 2009, Judge Selna granted the defendants' motion for summary judgment. 2009 WL 4030516 (C.D. Cal.). The plaintiffs appealed to the U.S. Court of Appeals for the Ninth Circuit. The case was consolidated with de Osorio v. Scharfen (5:08-cv-840), in which the U.S. District Court for the Central District of California (Judge Selna) also granted summary judgment for the defendants under similar facts. The docket sheet and District Court order from the de Osorio case are included below, but the remaining case documents are currently under seal.

On November 18, 2009, the U.S. Court of Appeals for the Ninth Circuit (Judge Richard C. Tallman) affirmed the decision of the District Court. de Osorio v. Myorkas, 656 F.3d 954 (9th Cir. 2009). The plaintiffs subsequently petitioned for rehearing en banc, which was granted on April 10, 2012. On September 26, 2012, the U.S. Court of Appeals for the Ninth Circuit (Judge Mary H. Murguia) reversed the District Court's grant of summary judgment, and remanded for rehearing in accordance with the plaintiffs’ interpretation of CSPA. de Osorio v. Myorkas, 695 F.3d 1003 (9th Cir. 2012). On December 19, 2012, the Court of Appeals (Judge Mary H. Murguia) granted the defendants' motion to stay the mandate upon a petition to the U.S. Supreme Court. The defendants filed that petition on January 25, 2013, and it was granted on June 4, 2013.

The Catholic Legal Immigration Network, Immigration Advocacy Organizations, and current and former members of Congress filed amicus briefs before the Supreme Court heard the case on December 10, 2013 in Scialabba v. Cuellar de Osorio, 134 S.Ct. 2191 (2014). The Court decided in favor of the defendants, reasoning that as the CSPA does not speak unambiguously to the exact situation at issue, it must defer to the BIA’s reasonable interpretation of the statute. Justice Kagan delivered the opinion of the Court on June 9, 2014, joined by Justices Ginsberg and Kennedy. Chief Justice Roberts filed a concurring opinion, which Justice Scalia joined, differentiating which part of the statute is ambiguous. Justices Alito, Sotomayor, Breyer, and Thomas dissented. The Court reversed and remanded to the 9th Circuit to reinstate the original summary judgment verdict in favor of the defendants.

This case is now closed.

Summary Authors

Dan Osher (3/18/2013)

Allison Hight (2/20/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4144169/parties/costello-v-chertoff/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Hillman, Stephen J. (California)

Ikuta, Sandra Segal (California)

Kagan, Elena (District of Columbia)

Murguia, Mary Helen (Arizona)

Roberts, John Glover Jr. (District of Columbia)

Rymer, Pamela Ann (California)

Selna, James V. (California)

Smith, Milan Dale Jr. (California)

Sotomayor, Sonia (District of Columbia)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Hillman, Stephen J. (California)

Ikuta, Sandra Segal (California)

Kagan, Elena (District of Columbia)

Murguia, Mary Helen (Arizona)

Roberts, John Glover Jr. (District of Columbia)

Rymer, Pamela Ann (California)

Selna, James V. (California)

Smith, Milan Dale Jr. (California)

Sotomayor, Sonia (District of Columbia)

Tallman, Richard C. (Washington)

Attorneys(s) for Plaintiff

Johnson, Jeremiah (California)

Komanapalli, Joyce A. (California)

Miller, Nancy Ellen (California)

Nelson, Aaron D. (District of Columbia)

Reeves, Robert L (California)

Shusterman, Carl (California)

Attorneys(s) for Defendant

Stevens, Elizabeth Jones (District of Columbia)

West, Tony (District of Columbia)

Westwater, Gisela Ann (District of Columbia)

Other Attorney(s)

Prokop, Amy Carole (California)

Documents in the Clearinghouse

Document

Docket [PACER]

de Osorio v. Scharfen

Dec. 19, 2012 Docket

Docket [PACER]

Dec. 19, 2012 Docket
1

Complaint for Declaratory, Mandamus, and Injunctive Relief

June 20, 2008 Complaint
9

Memorandum in Support of Motion for Certification of Class Action

Costelo v. Chertoff

July 11, 2008 Pleading / Motion / Brief
32

Civil Minutes - General [Denying Motions to Amend Class Definition and to Certify Class, and Staying Action]

Aug. 25, 2008 Order/Opinion
74

Order Granting Motion to Certify Class

258 F.R.D. 600

July 16, 2009 Order/Opinion
78

Defendants' Motion for Summary Judgment

Costelo v. Chertoff

Sept. 9, 2009 Pleading / Motion / Brief
63

Order re Cross-Motions for Summary Judgment

de Osorio v. Aytes

663 F.Supp.2d 913

Oct. 9, 2009 Order/Opinion
92

Order Denying Plaintiffs' and Granting Defendants' Motion for Summary Judgment

2009 WL 4030516

Nov. 10, 2009 Order/Opinion
95

Order Granting Defendants' Motion for Summary Judgment

Nov. 18, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4144169/costello-v-chertoff/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez.(Filing fee $ 350). Filed by plaintiffs Teresita G. Costello, Lorenzo P. Ong.(ade) (Entered: 06/24/2008)

June 20, 2008 PACER
2

CERTIFICATION of Interested Parties filed by PLAINTIFFS Teresita G. Costello, Lorenzo P. Ong, (ade) (Entered: 06/24/2008)

June 20, 2008 PACER
3

INITIAL ORDER FOLLOWING FILING OF COMPLAINT by Judge James V. Selna, (see order for details) (db) (Entered: 06/25/2008)

June 24, 2008 PACER
4

NOTICE OF MOTION AND First MOTION to Certify Class Action (Part 1) filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. Motion set for hearing on 8/11/2008 at 01:30 PM before Judge James V. Selna. (Miller, Nancy) (Entered: 07/11/2008)

July 11, 2008 PACER
5

NOTICE OF MOTION AND First MOTION to Certify Class Action (Part2) filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. Motion set for hearing on 8/11/2008 at 01:30 PM before Judge James V. Selna. (Miller, Nancy) (Entered: 07/11/2008)

July 11, 2008 PACER
6

NOTICE OF MOTION AND First MOTION to Certify Class Action (Part 3) filed by plaintiffs Teresita G. Costello, Lorenzo P. Ong. Motion set for hearing on 8/11/2008 at 01:30 PM before Judge James V. Selna. (Miller, Nancy) (Entered: 07/11/2008)

July 11, 2008 PACER
7

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Title page is missing RE: First MOTION to Certify Class Action (Part2) 5, First MOTION to Certify Class Action (Part 3) 6 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp) (Entered: 07/14/2008)

July 14, 2008 PACER
8

NOTICE OF MOTION AND First MOTION to Certify Class Action filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. Motion set for hearing on 8/11/2008 at 01:30 PM before Judge James V. Selna. (Miller, Nancy) (Entered: 07/14/2008)

July 14, 2008 PACER
9

MEMORANDUM in Support of First MOTION to Certify Class Action 8 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 07/14/2008)

July 14, 2008 PACER
10

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. RE: Memorandum in Support of Motion 9 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (nca) (Entered: 07/18/2008)

July 18, 2008 PACER
11

NOTICE OF MOTION AND Amended MOTION to Certify Class Action filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. Motion set for hearing on 8/11/2008 at 01:30 PM before Judge James V. Selna. (Miller, Nancy) (Entered: 07/18/2008)

July 18, 2008 PACER
12

MEMORANDUM in Support of Amended MOTION to Certify Class Action 11 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 07/18/2008)

July 18, 2008 PACER
13

NOTICE of Appearance filed by attorney Elizabeth J Stevens on behalf of Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez (Stevens, Elizabeth) (Entered: 07/28/2008)

July 28, 2008 PACER
14

OPPOSITION to First MOTION to Certify Class Action 8, Amended MOTION to Certify Class Action 11 filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Exhibit A, # 2 Appendix)(Stevens, Elizabeth) (Entered: 07/28/2008)

2 Exhibit A

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3 Appendix

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July 28, 2008 PACER
15

PROOF of Service OF SERVICE filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong, re Amended MOTION to Certify Class Action 11 served on 07/21/2008. (Miller, Nancy) (Entered: 07/29/2008)

July 29, 2008 PACER
16

REPLY Reply In Support of Motion To Certify Class Action filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 08/04/2008)

Aug. 4, 2008 PACER
17

DECLARATION of Nancy E. Miller In Support of Amended MOTION to Certify Class Action 11 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 08/04/2008)

Aug. 4, 2008 PACER
18

NOTICE OF MOTION AND First MOTION to Amend Amended MOTION to Certify Class Action 11 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. Motion set for hearing on 9/8/2008 at 01:30 PM before Judge James V. Selna. (Miller, Nancy) (Entered: 08/05/2008)

Aug. 5, 2008 PACER
19

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Local Rule 11-6 Memorandum/brief exceeds 25 pages RE: Reply (Motion related) 16 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp) (Entered: 08/06/2008)

Aug. 6, 2008 PACER
24

MINUTES OF IN CHAMBERS ORDER by Judge James V. Selna Continuing Plaintiff's Motion for Class Certification and Setting Hearing for Motion to Amend the Proposed Class Definition 11 18 . Motions set for hearing on 8/20/2008 at 08:00 AM before Judge James V. Selna. (nbo) (Entered: 08/07/2008)

Aug. 6, 2008 PACER
20

ORDER Continuing Plaintiffs Motion for Class Certification 8 and Setting Hearing for Motion to Amend the Proposed Class Definition 18 by Judge James V. Selna. Motion for Class Certification is continued to 08/11/08. (db) (Entered: 08/06/2008)

Aug. 6, 2008 PACER
21

First NOTICE of Appearance filed by attorney Gisela Ann Westwater on behalf of Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez (Westwater, Gisela) (Entered: 08/07/2008)

Aug. 7, 2008 PACER
22

RESPONSE IN SUPPORT of Amended MOTION to Certify Class Action 11 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 08/07/2008)

Aug. 7, 2008 PACER
23

RESPONSE IN SUPPORT of Amended MOTION to Certify Class Action 11 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Attachments: # 1 Exhibit)(Miller, Nancy) (Entered: 08/07/2008)

2 Exhibit

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Aug. 7, 2008 PACER
25

NOTICE of Related Case(s) filed by Attorney for Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. Related Case(s): 5:08-cv-00840 (Westwater, Gisela) (Entered: 08/13/2008)

Aug. 13, 2008 PACER
26

OPPOSITION to First MOTION to Amend Amended MOTION to Certify Class Action 11 18 and to Motion to Amend Proposed Class Definition filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Westwater, Gisela) (Entered: 08/13/2008)

Aug. 13, 2008 PACER
27

SUPPLEMENT to Defendants' Opposition to Motion to Amend Proposed Class Definition filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Westwater, Gisela) (Entered: 08/15/2008)

Aug. 15, 2008 PACER
28

RESPONSE IN SUPPORT of First MOTION to Amend Amended MOTION to Certify Class Action 11 18 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 08/18/2008)

Aug. 18, 2008 PACER
29

MINUTES OF Motion Hearing held before Judge James V. Selna taking under submission Plaintiffs' MOTION for Certification of Class Action 8,and Plaintiffs' MOTION to Amend the Proposed Class Definition 18 . Court Reporter: Sharon Seffens. (db) (Entered: 08/21/2008)

Aug. 20, 2008 PACER
30

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Attorney for Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. Motion set for hearing on 10/27/2008 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Exhibit Documentation of Patel Referral, # 2 Exhibit Documentation of Wang Referral, # 3 Appendix Complaint, # 4 Proposed Order Proposed Order to Dismiss)(Westwater, Gisela) (Entered: 08/22/2008)

2 Exhibit Documentation of Patel Referral

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3 Exhibit Documentation of Wang Referral

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4 Appendix Complaint

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5 Proposed Order Proposed Order to Dismiss

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Aug. 22, 2008 PACER
31

NOTICE OF MOTION re MOTION to Dismiss Case 30 filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. Motion set for hearing on 10/27/2008 at 01:30 PM before Judge James V. Selna. (Westwater, Gisela) (Entered: 08/22/2008)

Aug. 22, 2008 PACER
32

MINUTES OF IN CHAMBERS ORDER by Judge James V. Selna: DENYING MOTIONS TO Amend Class Definition and to Certify Class, and Staying action for 180 days: (See document for details.) Accordingly, this action is stayed in its entirety for 180 days to afford the BIA an opportunity to issue an interpretation of § 203 (h)(3) in the first instance. Costelo's motions to amend the class definition and to certify the class are therefore denied without prejudice. If appropriate, Costelo may renew those motions or submit revised motions after the expiration of the stay. Chertoff shall keep both Costelo and the Court apprised of any relevant developments in the pending § 203 cases and shall also file the following documents: (1) within 14 days, a copy of all briefs submitted by any parties in the pending § 203 cases thus far; (2) within 14 days of their filing, a copy of any briefs submitted in the pending § 203 cases in the future; and (3) within 90 days, a report detailing the status of the pending § 203 cases. (rla) (Entered: 08/25/2008)

Aug. 25, 2008 PACER
33

SUPPLEMENT filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Supplement certification document, # 2 Proposed Order Final Certification, # 3 Supplement Patel's Brief to BIA, # 4 Supplement USCIS brief to BIA, # 5 Supplement Patel request for supp brief)(Westwater, Gisela) (Entered: 09/16/2008)

2 Supplement certification document

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3 Proposed Order Final Certification

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4 Supplement Patel's Brief to BIA

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5 Supplement USCIS brief to BIA

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6 Supplement Patel request for supp brief

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Sept. 16, 2008 PACER
34

SUPPLEMENT filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Supplement Certification, # 2 Supplement Final Certification, # 3 Supplement Wang's brief to BIA, # 4 Supplement USCIS Supplement, # 5 Supplement Wang request for Supplemental Brief)(Westwater, Gisela) (Entered: 09/16/2008)

2 Supplement Certification

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3 Supplement Final Certification

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4 Supplement Wang's brief to BIA

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5 Supplement USCIS Supplement

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6 Supplement Wang request for Supplemental Brief

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Sept. 16, 2008 PACER
35

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect document is attached to the docket entry RE: Supplement (non-motion), Supplement (non-motion) 34, Supplement (non-motion), Supplement (non-motion) 33 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp) (Entered: 09/18/2008)

Sept. 18, 2008 PACER
36

ORDER by Judge James V. Selna: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Supplement 34, Supplement 33, for the following reasons: Document lacks face page, case number and name of document. It is unclear from the filing what action or purpose the document requests or serves; (twdb) (Entered: 09/25/2008)

Sept. 25, 2008 PACER
37

SUPPLEMENT filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Exhibit USCIS Certification Package, # 2 Exhibit Respondent Brief, # 3 Exhibit USCIS Brief and Request to Submit Suppl, # 4 Exhibit USCIS Suppl Brief, # 5 Exhibit Respondent Request to Submit Suppl)(Westwater, Gisela) (Entered: 10/01/2008)

2 Exhibit USCIS Certification Package

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3 Exhibit Respondent Brief

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4 Exhibit USCIS Brief and Request to Submit Suppl

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5 Exhibit USCIS Suppl Brief

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6 Exhibit Respondent Request to Submit Suppl

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Oct. 1, 2008 PACER
38

SUPPLEMENT filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Exhibit USCIS Certification Documents, # 2 Exhibit Respondent Brief, # 3 Exhibit USCIS Brief and Request to Submit Supp, # 4 Exhibit USCIS Suppl Brief, # 5 Exhibit Respondent Request to Submit Suppl)(Westwater, Gisela) (Entered: 10/01/2008)

2 Exhibit USCIS Certification Documents

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3 Exhibit Respondent Brief

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4 Exhibit USCIS Brief and Request to Submit Supp

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5 Exhibit USCIS Suppl Brief

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6 Exhibit Respondent Request to Submit Suppl

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Oct. 1, 2008 PACER
39

SUPPLEMENT filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Exhibit Supplemental Brief Submitted by Patel, # 2 Exhibit Supplemental Brief Submitted by Wang)(Westwater, Gisela) (Entered: 10/16/2008)

2 Exhibit Supplemental Brief Submitted by Patel

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3 Exhibit Supplemental Brief Submitted by Wang

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Oct. 16, 2008 PACER
40

MINUTES OF IN CHAMBERS ORDER Vacating Defendants' Motion to Dismiss 30 held before Judge James V. Selna. In light of the stay, this Court orders the Defendant's Motions to Dismiss vacated and the 10/27/08 hearing off calendar. (db) (Entered: 10/22/2008)

Oct. 21, 2008 PACER
41

STATUS REPORT of Related Cases Pending before BIA filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Westwater, Gisela) (Entered: 11/21/2008)

Nov. 21, 2008 PACER
42

SUPPLEMENT filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Exhibit A - Amicus Request (Patel), # 2 Exhibit B - Amicus Request (Wang))(Westwater, Gisela) (Entered: 12/05/2008)

2 Exhibit A - Amicus Request (Patel)

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3 Exhibit B - Amicus Request (Wang)

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Dec. 5, 2008 PACER
43

NOTICE of Related Case(s) filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. Related Case(s): 2:08-CV-05301 (Westwater, Gisela) (Entered: 12/05/2008)

Dec. 5, 2008 PACER
44

SUPPLEMENT filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Exhibit A - Patel, # 2 Exhibit B - Wang)(Westwater, Gisela) (Entered: 12/10/2008)

2 Exhibit A - Patel

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3 Exhibit B - Wang

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Dec. 10, 2008 PACER
45

SUPPLEMENT filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Exhibit A)(Westwater, Gisela) (Entered: 12/24/2008)

2 Exhibit A

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Dec. 24, 2008 PACER
46

SUPPLEMENT filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Exhibit A - USCIS Request for Clarification, # 2 Exhibit B - Amicus in Patel, # 3 Exhibit C - Amicus in Wang, # 4 Exhibit D - USCIS Response to Amicus, # 5 Exhibit E - USCIS Response to Amicus - Wang)(Westwater, Gisela) (Entered: 01/12/2009)

2 Exhibit A - USCIS Request for Clarification

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3 Exhibit B - Amicus in Patel

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4 Exhibit C - Amicus in Wang

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5 Exhibit D - USCIS Response to Amicus

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6 Exhibit E - USCIS Response to Amicus - Wang

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Jan. 12, 2009 PACER
47

ORDER Setting Scheduling Conference for 4/27/2009 10:30 AM before Judge James V. Selna. (Attachments: # 1 Exhibit) (kt) (Entered: 03/18/2009)

2 Exhibit

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March 18, 2009 PACER
48

STATUS REPORT on Status Inquiry Filed by USCIS with BIA filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Exhibit A - Patel, # 2 Exhibit B - Wang)(Westwater, Gisela) (Entered: 04/09/2009)

2 Exhibit A - Patel

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3 Exhibit B - Wang

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April 9, 2009 PACER
49

NOTICE OF MOTION AND MOTION to Continue Scheduling Conference from April 27, 2009 to June 8, 2009 Re: Scheduling Order, Set Deadlines/Hearings 47 filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit A - status inquiries)(Westwater, Gisela) (Entered: 04/17/2009)

2 Proposed Order Proposed Order

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3 Exhibit A - status inquiries

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April 17, 2009 PACER
50

STATUS REPORT Joint Report of Conference of Parties filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 04/17/2009)

April 17, 2009 PACER
51

ORDER by Judge James V. Selna: granting 49 Motion to Continue: IT IS ORDERED THAT this matter is reset for a scheduling conference on May 11, 2009, at 10:30 a.m. IT IS SO ORDERED. (rla) Modified on 4/21/2009 (rla). (Entered: 04/21/2009)

April 21, 2009 PACER
52

SUPPLEMENT filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Exhibit A - BIA Reply Letter)(Westwater, Gisela) (Entered: 04/22/2009)

2 Exhibit A - BIA Reply Letter

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April 22, 2009 PACER
65

MINUTES OF Scheduling Conference held before Judge James V. Selna. The Court directs counsel for plaintiffs to file a new notice of motion for their class certification motion not later than 05/15/2009 with a hearing date of 06/15/2009 at 1:30 p.m. Any opposition to the motion shall be filed by 05/26/2009 and any reply not later than 06/01/2009. The Court continues the Scheduling Conference to 6/15/2009 01:30 PM before Judge James V. Selna.Court Reporter: Sharon Seffens. (db) (Entered: 06/23/2009)

May 11, 2009 PACER
53

NOTICE OF MOTION AND MOTION to Certify Class Action filed by plaintiff Teresita G. Costello, Lorenzo P. Ong. Motion set for hearing on 6/15/2009 at 01:30 PM before Judge James V. Selna. (Miller, Nancy) (Entered: 05/15/2009)

May 15, 2009 PACER
54

MEMORANDUM in Support of MOTION to Certify Class Action 53 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 05/15/2009)

May 15, 2009 PACER
55

DECLARATION of Nancy E. Miller In Support of Plaintiff's Second Amended Motion for Class Certification MOTION to Certify Class Action 53 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Attachments: # 1 Exhibit Exhibits)(Miller, Nancy) (Entered: 05/15/2009)

2 Exhibit Exhibits

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May 15, 2009 PACER
56

DECLARATION of Jeremiah Johnson In Support of Plaintiff's Second Amended Motion for Class Certification MOTION to Certify Class Action 53 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 05/15/2009)

May 15, 2009 PACER
57

Motion to Amend Proposed Class Definition re MOTION to Certify Class Action 53 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 05/15/2009)

May 15, 2009 PACER
58

Certificate OF SERVICE filed by Plaintiff Teresita G. Costello, Lorenzo P. Ong, re Motion Related Document 57, Memorandum in Support of Motion 54, Declaration (Motion related), Declaration (Motion related) 55, MOTION to Certify Class Action 53, Declaration (Motion related) 56 served on 05/15/2009. (Miller, Nancy) (Entered: 05/15/2009)

May 15, 2009 PACER
59

MEMORANDUM in Opposition to MOTION to Certify Class Action 53 filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Westwater, Gisela) (Entered: 05/26/2009)

May 26, 2009 PACER
60

REPLY Support MOTION to Certify Class Action 53 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 06/01/2009)

June 1, 2009 PACER
63

MINUTES re Plaintiffs' Motion for Certify of Class Action 53 held before Judge James V. Selna. Counsel make their arguments. The Court takes the motion under submission. Court Reporter: Sharon Seffens. (db) (Entered: 06/18/2009)

June 15, 2009 PACER
64

MINUTES OF Scheduling Conference held before Judge James V. Selna. The Court sets the case management dates with the agreement of counsel as follows: Discovery cut-off 12/1/2009. Bench Trial set for 3/16/2010 08:30 AM before Judge James V. Selna. Final Pretrial Conference set for 3/1/2010 11:00 AM before Judge James V. Selna. (See Order for further details)Court Reporter: Sharon Seffens. (db) (Entered: 06/18/2009)

June 15, 2009 PACER
61

MINUTES OF IN CHAMBERS ORDER BY Judge James V. Selna, re Additional Briefing: The Court currently has under submission plaintiffs' motion for class certification. The Court invites the parties to submit a brief of no more than five pages discussing the impact of Matter of Wang, 25 I & N Dec. 28 (BIA 2009), decided June 16, 2009, on the motion (rla) (Entered: 06/17/2009)

June 17, 2009 PACER
62

SUPPLEMENT filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Exhibit A - Matter of Wang)(Westwater, Gisela) (Entered: 06/18/2009)

2 Exhibit A - Matter of Wang

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June 18, 2009 PACER
66

Briefing Schedule filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez (Westwater, Gisela) (Entered: 06/25/2009)

June 25, 2009 PACER
67

NOTICE OF MOTION AND MOTION to File Amicus Brief filed by Amicus American Immigration Law Foundation. (Attachments: # 1 Proposed Order Granting Leave to File Amicus Curiae Brief, # 2 Brief of Amicus Curiae)(Prokop, Amy) (Entered: 07/01/2009)

2 Proposed Order Granting Leave to File Amicus Curiae Brief

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3 Brief of Amicus Curiae

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July 1, 2009 PACER
68

SUPPLEMENT to MOTION to Certify Class Action 53 Opposing Certification filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Exhibit A - Briefing Schedule in Related Cases, # 2 Exhibit B - Table of Immigration Classifications)(Westwater, Gisela) (Entered: 07/01/2009)

2 Exhibit A - Briefing Schedule in Related Cases

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3 Exhibit B - Table of Immigration Classifications

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July 1, 2009 PACER
69

SUPPLEMENT to MOTION to Certify Class Action 53 Brief Regarding Matter of Wang filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 07/01/2009)

July 1, 2009 PACER
70

OPPOSITION Opposition re: MOTION to File Amicus Brief 67 filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Westwater, Gisela) (Entered: 07/07/2009)

July 7, 2009 RECAP
71

SUPPLEMENT to MOTION to File Amicus Brief 67 filed by Amicus American Immigration Law Foundation. (Prokop, Amy) (Entered: 07/10/2009)

July 10, 2009 PACER
72

REPLY To Defendants' Opposition to Amici Curiae Motion For Leave to File Brief filed by Plaintiff Teresita G. Costello. (Miller, Nancy) (Entered: 07/10/2009)

July 10, 2009 PACER
73

MINUTES (IN CHAMBERS) ORDER by Judge James V. Selna: granting 67 Motion to File Amicus Brief. The Court grants the motion of the American Immigration Law Foundation and American Immigration Lawyers Association to appear as amici curiae (Amici), and orders Amicis brief on the class certification motion filed. (ade) (Entered: 07/13/2009)

July 10, 2009 PACER
74

ORDER by Judge James V. Selna: ORDER GRANTING MOTION TO CERTIFY CLASS 53 : (See document for details.) For the foregoing reasons, the Court GRANTS Plaintiffs motion for class certification subject to certain revisions. The class is defined as: Aliens who became lawful permanent residents as primary beneficiaries of third- and fourthpreference visa petitions listing their children as derivative beneficiaries, and who subsequently filed second-preference petitions on behalf of their aged-out unmarried sons and daughters, for whom Defendants have not granted automatic conversion or the retention of priority dates pursuant to § 203(h)(3). The Court recognizes that the BIA has weighed in on this matter, but the underlying legal question is still subject to debate. It is not necessary for the Court to resolve the question at this time; for purposes of class certification, it is sufficient that the question is common to the class a whole. The Court appoints the law firm of Reeves & Associates as lead class counsel. IT IS SO ORDERED. (rla) (Entered: 07/16/2009)

July 16, 2009 PACER
75

ANSWER to Complaint - (Discovery) 1 filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez.(Westwater, Gisela) (Entered: 09/04/2009)

Sept. 4, 2009 PACER
76

Stipulated Briefing Schedule filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez (Westwater, Gisela) (Entered: 09/25/2009)

Sept. 25, 2009 PACER
77

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected, correct event is Hearing RE: Miscellaneous Document 76 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp) (Entered: 09/29/2009)

Sept. 29, 2009 PACER
78

NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. Motion set for hearing on 11/9/2009 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Exhibit Proposed Facts and Law, # 2 Proposed Order Granting Judgment for Defendants)(Westwater, Gisela) (Entered: 10/01/2009)

2 Exhibit Proposed Facts and Law

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3 Proposed Order Granting Judgment for Defendants

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Oct. 1, 2009 PACER
79

STIPULATED BRIEFING SCHEDULE AND HEARING DATE re MOTION for Summary Judgment as to Complaint 78 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 10/05/2009)

Oct. 5, 2009 PACER
80

AMENDED STIPULATED BRIEFING SCHEDULE AND HEARING DATE re MOTION for Summary Judgment as to Complaint 78 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 10/05/2009)

Oct. 5, 2009 PACER
81

EXHIBIT Filed filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Exhibit A - Part I, # 2 Exhibit A - Part II, # 3 Exhibit B - Part I, # 4 Exhibit B - Part II, # 5 Exhibit B - Part III, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E)(Westwater, Gisela) (Entered: 10/09/2009)

2 Exhibit A - Part I

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3 Exhibit A - Part II

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4 Exhibit B - Part I

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5 Exhibit B - Part II

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6 Exhibit B - Part III

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7 Exhibit C

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8 Exhibit D

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9 Exhibit E

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Oct. 9, 2009 PACER
82

NOTICE OF MOTION AND Cross MOTION for Summary Judgment as to The Case filed by PLAINTIFF Teresita G. Costello. Motion set for hearing on 11/9/2009 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Supplement Memorandum of Points & Authorities, # 2 Supplement Statement of Uncontroverted Facts & Law, # 3 Proposed Order Proposed Order)(Miller, Nancy) (Entered: 10/09/2009)

2 Supplement Memorandum of Points & Authorities

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3 Supplement Statement of Uncontroverted Facts & Law

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4 Proposed Order Proposed Order

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Oct. 9, 2009 PACER
83

NOTICE OF MOTION AND MOTION to Stay pending Resolution of cross motions for summary judgment (Stay Discovery) filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. Motion set for hearing on 11/9/2009 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Exhibit A, # 2 Proposed Order Staying Discovery)(Westwater, Gisela) (Entered: 10/12/2009)

2 Exhibit A

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3 Proposed Order Staying Discovery

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Oct. 12, 2009 PACER
84

MEMORANDUM in Opposition to Cross MOTION for Summary Judgment as to The Case 82 filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Westwater, Gisela) (Entered: 10/26/2009)

Oct. 26, 2009 PACER
85

MEMORANDUM in Opposition to MOTION to Stay pending Resolution of cross motions for summary judgment (Stay Discovery) MOTION to Stay pending Resolution of cross motions for summary judgment (Stay Discovery) 83 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Attachments: # 1 Declaration Declaration of Nancy E. Miller, # 2 Exhibit Defendants' Response to Plaintiff's Discovery Requests)(Miller, Nancy) (Entered: 10/26/2009)

2 Declaration Declaration of Nancy E. Miller

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3 Exhibit Defendants' Response to Plaintiff's Discovery Requests

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Oct. 26, 2009 PACER
86

MEMORANDUM in Opposition to MOTION for Summary Judgment as to Complaint 78 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Attachments: # 1 Statement of Uncontroverted Facts and Conclusions of Law)(Miller, Nancy) (Entered: 10/26/2009)

2 Statement of Uncontroverted Facts and Conclusions of Law

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Oct. 26, 2009 PACER
87

EXHIBIT Filed filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Westwater, Gisela) (Entered: 11/02/2009)

2 Exhibit A

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3 Exhibit B

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Nov. 2, 2009 PACER
88

REPLY in support of MOTION for Summary Judgment as to Complaint 78 filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Westwater, Gisela) (Entered: 11/02/2009)

Nov. 2, 2009 PACER
89

REPLY in support of MOTION to Stay pending Resolution of cross motions for summary judgment (Stay Discovery) MOTION to Stay pending Resolution of cross motions for summary judgment (Stay Discovery) 83 filed by Defendants David Tyler, Christina Poulos, Michael Chertoff, United States Citizenship and Immgration Services, Emilio T. Gonzalez. (Attachments: # 1 Declaration of Gisela A. Westwater)(Westwater, Gisela) (Entered: 11/02/2009)

2 Declaration of Gisela A. Westwater

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Nov. 2, 2009 PACER
90

REPLY IN SUPPORT Cross MOTION for Summary Judgment as to The Case 82 filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. (Miller, Nancy) (Entered: 11/02/2009)

Nov. 2, 2009 PACER
91

MINUTES re Defendant's Motion for Summary Judgment as to Complaint 78 ; Plaintiff's Cross Motion for Summary Judgment 82 ; and Defendant's Motion to Stay Pending Resolution of Cross Motions for Summary Judgment 83 held before Judge James V. Selna. The Courts tentative ruling is issued. Counsel make their arguments. The Court takes the above referenced motions under submission. Court Reporter: Bridget Montero. (db) (Entered: 11/10/2009)

Nov. 9, 2009 PACER
92

MINUTES (IN CHAMBERS) ORDER re Cross-Motions for Summary Judgment and Motion to Stay Discovery 78 82 and 83 by Judge James V. Selna. For the foregoing reasons, the Court DENIES Plaintiffs motion 82 and GRANTS Defendants motion 778 . Defendants motion to stay discovery is DENIED as moot 83 . (See Order for details) (db) (Entered: 11/12/2009)

Nov. 10, 2009 PACER
93

NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs Teresita G. Costello, Lorenzo P. Ong. Appeal of Order on Motion for Summary Judgment,, Order on Motion to Stay Order (other),,, Order on Motion to Stay Order (other) 92 . (Filing fee $455, receipt number 09730000000006171073.) (Miller, Nancy) (Entered: 11/18/2009)

Nov. 18, 2009 PACER
94

REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, 93 . (Miller, Nancy) (Entered: 11/18/2009)

Nov. 18, 2009 PACER
95

ORDER by Judge James V. Selna, GRANTING MOTION for Summary Judgment as to Complaint 78 . (Made JS-6. Case Terminated.) (ade) (Entered: 11/19/2009)

Nov. 18, 2009 PACER
96

NOTIFICATION by Circuit Court of Appellate Docket Number 09-56846, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 93 as to Plaintiff Teresita G. Costello, Lorenzo P. Ong. (dmap) (Entered: 11/20/2009)

Nov. 19, 2009 PACER
97

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 93 filed by Lorenzo P. Ong, Teresita G. Costello, CCA # 09-56846. En banc oral argument will take place during the week of 6/18/2012, in Pasadena, California. The date and time will be determined by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk. Within 7 days from the date of this Order, the parties shall forward to the Clerk of Court 25 additional paper copies of the original briefs including amicus briefs) and excerpts of record. (See attached Order for further details). The Order Order received in this district on 4/20/2012. (jp) (Entered: 04/25/2012)

April 20, 2012 PACER
98

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 93 filed by Lorenzo P. Ong, Teresita G. Costello CCA # 09-56846Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. This three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. Order received in this district on 4/20/2012. (dmap) (Entered: 04/25/2012)

April 20, 2012 PACER
99

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 93 filed by Lorenzo P. Ong, Teresita G. Costello CCA # 09-56846. Oral argument in this en bane case will be held at 10:00 a.m. on Tuesday, June 19,2012, in Courtroom Three of the Richard H. Chambers Courthouse, located at 125 South Grand Avenue in Pasadena, California 91105. Order received in this district on 4/27/2012. (dmap) (Entered: 05/02/2012)

April 27, 2012 PACER
100

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 93 filed by Lorenzo P. Ong, Teresita G. Costello, CCA # 09-56846. The motions of the National Immigrant Justice Center and the American Immigration Council; the American Immigration Lawyers Association and the Catholic Legal Immigration Network, Inc.; and Active Dreams LLC for leave to file amicus briefs are granted. The Clerk shall file the briefs submitted with the motions. See the order for the rest of the details. Order received in this district on 5/23/2012. (Entered: 05/24/2012)

May 23, 2012 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 16, 2008

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

US citizens who claim that their child's immigrant visa application was improperly denied for "aging out" (the child reached 21 years of age before the application was acted upon), in violation of the Child Status Protection Act.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Homeland Security, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Juveniles

Timeliness of case assignment

Immigration/Border:

Constitutional rights

Status/Classification

Visas - criteria

Visas - procedures