Case: Revelis v. Napolitano

1:11-cv-01991 | U.S. District Court for the Northern District of Illinois

Filed Date: March 23, 2011

Closed Date: Sept. 20, 2012

Clearinghouse coding complete

Case Summary

This action was brought on March 23, 2011, by a married couple who sought an order allowing the U.S. citizen spouse to petition for his foreign national husband to become a permanent resident of the United States. Such petition is allowed for heterosexual spouses, but under the federal Defense of Marriage Act (DOMA), not for same-sex spouses. The U.S. citizen plaintiff filed his visa petition on January 9, 2011; when he brought the lawsuit, it had not been acted on. But they pointed out tha…

This action was brought on March 23, 2011, by a married couple who sought an order allowing the U.S. citizen spouse to petition for his foreign national husband to become a permanent resident of the United States. Such petition is allowed for heterosexual spouses, but under the federal Defense of Marriage Act (DOMA), not for same-sex spouses.

The U.S. citizen plaintiff filed his visa petition on January 9, 2011; when he brought the lawsuit, it had not been acted on. But they pointed out that the position of U.S. Citizenship and Immigration Services (USCIS) was that because of DOMA, it lacked authority to allow a spousal petition for a same-sex couple. Likewise, the Board of Immigration Appeals could not hold DOMA unconstitutional. Accordingly, plaintiffs sought relief by the district court.

On January 5, 2012, the U.S. District Court for the Northern District of Illinois in Chicago (Judge Harry D. Leinenweber), found that the plaintiffs could proceed with their lawsuit even though USCIS had not yet rendered a final decision on the visa application. 2012 U.S. Dist. LEXIS 1330, at *16. On July 12, the Court stayed the matter to give USCIS sufficient time to adjudicate the application. USCIS reached its decision on August 6, 2012, and informed the Court the following week that it was denying the visa, both because of DOMA and separately (and alone sufficient, the government said) for other, unrelated reasons. Those non-DOMA reasons were explained in a document filed under seal.

On September 20, 2012, the Court granted the U.S.'s oral motion to dismiss without prejudice. Presumably this was with the agreement of the plaintiff, but no further details appear in the case record.

Summary Authors

Claire Lally (3/13/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5561999/parties/revelis-v-napolitano/


Judge(s)
Attorney for Plaintiff

Benno, Heather M. (District of Columbia)

Burton, Justin Russell (Illinois)

Cobb, Erin Christine (Illinois)

Attorney for Defendant

Carlson, Jesi J. (District of Columbia)

Expert/Monitor/Master/Other

Bartolomucci, H. Christopher (District of Columbia)

Documents in the Clearinghouse

Documents in this case

1:11-cv-01991

Docket

Sept. 20, 2012

Sept. 20, 2012

Docket
1

1:11-cv-01991

Petition for Declaratory Judgment and Other Relief

March 23, 2011

March 23, 2011

Complaint
34

91-00011

MEMORANDUM OPINION AND ORDER

U.S. District Court for the Central District of Illinois

Jan. 5, 2012

Jan. 5, 2012

Order/Opinion

844 F.Supp.2d 915

60

1:11-cv-01991

Statement

July 12, 2012

July 12, 2012

Pleading / Motion / Brief
62

1:11-cv-01991

NOTICE OF AGENCY ACTION AND MOTION FOR AN EARLIER STATUS HEARING

Aug. 13, 2012

Aug. 13, 2012

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5561999/revelis-v-napolitano/

Last updated Nov. 2, 2026, 9:40 p.m.

Docket for: Revelis v. Napolitano
ECF Number Date Description Link
1 March 23, 2011

COMPLAINT filed by Demos Revelis, Marcel Maas; Filing fee $ 350, receipt number 0752-5824584.(Burton, Justin) (Entered: 03/23/2011)

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2 March 23, 2011

CIVIL Cover Sheet (Burton, Justin) (Entered: 03/23/2011)

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3 March 23, 2011

ATTORNEY Appearance for Plaintiffs Marcel Maas, Demos Revelis by Justin Russell Burton (Burton, Justin) (Entered: 03/23/2011)

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4 March 23, 2011

SUMMONS Issued as to Eric H. Holder, Jr, Janet Napolitano, and U.S. Attorney General. (mb, ) (Entered: 03/24/2011)

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5 March 23, 2011

DOCUMENT ENTERED IN ERROR (mb, ) (Entered: 03/24/2011)

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March 23, 2011

CASE ASSIGNED to the Honorable Harry D. Leinenweber. Designated as Magistrate Judge the Honorable Young B. Kim. (daj, )

6 April 5, 2011

DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants Eric H. Holder, Jr, Janet Napolitano (Oswald, Craig) (Entered: 04/05/2011)

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7 April 6, 2011

ATTORNEY Appearance for Defendants Eric H. Holder, Jr, Janet Napolitano by Jesi J. Carlson (Carlson, Jesi) (Entered: 04/06/2011)

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8 May 31, 2011

MOTION by Defendants Eric H. Holder, Jr, Janet Napolitano to dismiss Plaintiffs' Complaint (Carlson, Jesi) (Entered: 05/31/2011)

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9 May 31, 2011

NOTICE of Motion by Jesi J. Carlson for presentment of motion to dismiss 8 before Honorable Harry D. Leinenweber on 6/7/2011 at 09:30 AM. (Carlson, Jesi) (Entered: 05/31/2011)

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10 May 31, 2011

ATTORNEY Appearance for Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives by Kerry W Kircher on behalf of Paul D. Clement (Kircher, Kerry) (Entered: 05/31/2011)

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11 May 31, 2011

ATTORNEY Appearance for Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives by Kerry W Kircher on behalf of H. Christopher Bartolomucci (Kircher, Kerry) (Entered: 05/31/2011)

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12 May 31, 2011

ATTORNEY Appearance for Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives by Kerry W Kircher on behalf of Conor B. Dugan (Kircher, Kerry) (Entered: 05/31/2011)

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13 May 31, 2011

ATTORNEY Appearance for Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives by Kerry W Kircher (Kircher, Kerry) (Entered: 05/31/2011)

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14 May 31, 2011

MOTION by Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives to intervene for a limited purpose (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit)(Kircher, Kerry) (Entered: 05/31/2011)

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15 May 31, 2011

MOTION by Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives to intervene Memorandum in Support of Motion (Attachments: # 1 Exhibit, # 2 Exhibit)(Kircher, Kerry) (Entered: 05/31/2011)

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16 May 31, 2011

NOTICE of Motion by Kerry W Kircher for presentment of motion to intervene 15, motion to intervene 14 before Honorable Harry D. Leinenweber on 6/14/2011 at 09:30 AM. (Kircher, Kerry) (Entered: 05/31/2011)

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17 May 31, 2011

MINUTE entry before Honorable Harry D. Leinenweber: Defendants Motion to Dismiss and BiPartisan motion to intervene are reset for 6/10/2011 at 09:30 AM.Mailed notice (wp, ) (Entered: 05/31/2011)

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18 June 6, 2011

ATTORNEY Appearance for Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives by Kerry W Kircher on behalf of John D. Filamor (Kircher, Kerry) (Entered: 06/06/2011)

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19 June 9, 2011

ATTORNEY Appearance for Plaintiffs Marcel Maas, Demos Revelis by Erin Christine Cobb (Cobb, Erin) (Entered: 06/09/2011)

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20 June 10, 2011

ATTORNEY Appearance for Plaintiffs Marcel Maas, Demos Revelis by Heather M. Benno (Benno, Heather) (Entered: 06/10/2011)

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21 June 10, 2011

ATTORNEY Appearance for Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives by John D Filamor (mb, ) (Entered: 06/14/2011)

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22 June 10, 2011

MINUTE entry before Honorable Harry D. Leinenweber:Briefing schedule set on defendants' motion to dismiss and BiPartisan's motion to intervene. Responses to be filed by 7/11/2011. Reply briefs due by 7/25/2011. The Court will rule orally on 8/25/2011 at 9:00 a.m.Mailed notice (wp, ) (Entered: 06/16/2011)

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23 July 11, 2011

RESPONSE by Defendants Eric H. Holder, Jr, Janet Napolitano to motion to intervene 15 (Carlson, Jesi) (Entered: 07/11/2011)

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24 July 11, 2011

RESPONSE by Marcel Maas, Demos Revelisin Opposition to MOTION by Defendants Eric H. Holder, Jr, Janet Napolitano to dismiss Plaintiffs' Complaint 8 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Burton, Justin) (Entered: 07/11/2011)

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25 July 11, 2011

RESPONSE by Marcel Maas, Demos Revelisin Opposition to MOTION by Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives to intervene for a limited purpose 14, MOTION by Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives to intervene Memorandum in Support of Motion 15 (Burton, Justin) (Entered: 07/11/2011)

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26 July 25, 2011

ATTORNEY Appearance for Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives by H Christopher Bartolomucci (Bartolomucci, H) (Entered: 07/25/2011)

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27 July 25, 2011

ATTORNEY Appearance for Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives by Conor B. Dugan (Dugan, Conor) (Entered: 07/25/2011)

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28 July 25, 2011

REPLY by Defendants Eric H. Holder, Jr, Janet Napolitano to response in opposition to motion, 25 (Carlson, Jesi) (Entered: 07/25/2011)

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29 July 25, 2011

REPLY by Bipartisan Legal Advisory Group of the U.S. House of Representatives to MOTION by Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives to intervene for a limited purpose 14 (Attachments: # 1 Exhibit)(Bartolomucci, H) (Entered: 07/25/2011)

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30 Aug. 11, 2011

MINUTE entry before Honorable Harry D. Leinenweber:It is hereby ordered that the oral ruling date of 8/25/2011 is stricken. The Court will rule by mail.Mailed notice (wp, ) (Entered: 08/11/2011)

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31 Aug. 17, 2011

Notice of Recent Decision by Bipartisan Legal Advisory Group of the U.S. House of Representatives (Attachments: # 1 Exhibit)(Bartolomucci, H) (Entered: 08/17/2011)

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32 Dec. 5, 2011

Notice of Recent Decision by Bipartisan Legal Advisory Group of the U.S. House of Representatives (Attachments: # 1 Exhibit A)(Kircher, Kerry) (Entered: 12/05/2011)

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33 Jan. 5, 2012

MINUTE entry before Honorable Harry D. Leinenweber:ENTER MEMORANDUM OPINION AND ORDER: Defendants' Motion to Dismiss is denied. BLAG's Motion to Intervene for a Limited Purpose is granted. BLAG is to answer or otherwise plead within thirty (30) days of the date of this Order. Status hearing set for 2/16/2012 at 09:00 AM.Mailed notice (wp, ) (Entered: 01/05/2012)

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34 Jan. 5, 2012

MEMORANDUM Opinion and Order Signed by the Honorable Harry D. Leinenweber on 1/5/2012:Mailed notice(wp, ) (Entered: 01/05/2012)

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35 Jan. 19, 2012

Defendants' ANSWER to Complaint by Eric H. Holder, Jr, Janet Napolitano (Attachments: # 1 Exhibit A)(Carlson, Jesi) (Entered: 01/19/2012)

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36 Feb. 3, 2012

MINUTE entry before Honorable Harry D. Leinenweber:Pursuant to the stipulation, the intervenor, the Bipartisan Legal Advisory Group of the U.S. House of Representatives, MAY FILE a memorandum of points and authorities in support of its motion to dismiss of no more than thirty-five (35) pages in length.Mailed notice (wp, ) (Entered: 02/03/2012)

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37 Feb. 3, 2012

MOTION by Defendants Eric H. Holder, Jr, Janet Napolitano to dismiss (Second) (Carlson, Jesi) (Entered: 02/03/2012)

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38 Feb. 3, 2012

NOTICE of Motion by Jesi J. Carlson for presentment of motion to dismiss 37 before Honorable Harry D. Leinenweber on 2/16/2012 at 09:30 AM. (Carlson, Jesi) (Entered: 02/03/2012)

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39 Feb. 6, 2012

MOTION by Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives to dismiss (Attachments: # 1 Text of Proposed Order)(Bartolomucci, H) (Entered: 02/06/2012)

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40 Feb. 6, 2012

MEMORANDUM by Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives of points and authorities in support of Motion to dismiss by Intervenor defendant the Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bartolomucci, H) (Docket Text Modified by Clerks Office.) Modified on 2/7/2012 (ea, ). (Entered: 02/06/2012)

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41 Feb. 6, 2012

NOTICE of Motion by H Christopher Bartolomucci for presentment of motion to dismiss 39 before Honorable Harry D. Leinenweber on 2/16/2012 at 09:30 AM. (Bartolomucci, H) (Docket Text Modified by Clerks Office.) Modified on 2/7/2012 (ea, ). (Entered: 02/06/2012)

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42 Feb. 8, 2012

ATTORNEY Appearance for Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives by Todd Barry Tatelman (Tatelman, Todd) (Entered: 02/08/2012)

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43 Feb. 8, 2012

MOTION by Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives to substitute attorney (Attachments: # 1 Text of Proposed Order)(Tatelman, Todd) (Entered: 02/08/2012)

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44 Feb. 8, 2012

NOTICE of Motion by Todd Barry Tatelman for presentment of motion to substitute attorney 43 before Honorable Harry D. Leinenweber on 2/16/2012 at 09:30 AM. (Tatelman, Todd) (Entered: 02/08/2012)

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45 Feb. 13, 2012

MINUTE entry before Honorable Harry D. Leinenweber: Status hearing reset for 2/23/2012 at 09:00 AM. Defendants' Motions to Dismiss and the Motion to Withdraw and Substitute are reset to 2/23/2012 at 9:00 a.m.Mailed notice (wp, ) (Entered: 02/13/2012)

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47 Feb. 23, 2012

MINUTE entry before Honorable Harry D. Leinenweber: Status hearing held. The Motion of The Bipartisan Legal Advisory Group of the U.S. House of Representative for leave to withdraw the appearance of John D. Filamor and substitute as co-counsel Todd B. Tatelman, Assistance Counsel in the Office of General Counsel is granted. Plaintiffs response to defendants motions to dismiss to be filed by 4/9/2012. Reply briefs due by 4/23/2012. The Court will rule orally on 5/30/2012 at 9:00 a.m. Mailed notice (mb, ) (Entered: 03/28/2012)

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46 March 27, 2012

STIPULATION Joint, for Leave to File Response in Excess of 15 Pages (Cobb, Erin) (Entered: 03/27/2012)

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48 April 5, 2012

MINUTE entry before Honorable Harry D. Leinenweber:Pursuant to the Stipulation, plaintiffs and Defendants granted leave to file Memoranda of Points and Authorities in support of their individual responses to the Intervenor's Motion to Dismiss that are no more than 35 pages in length.Mailed notice (wp, ) (Entered: 04/05/2012)

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49 April 9, 2012

RESPONSE by Marcel Maas, Demos Revelisin Opposition to MOTION by Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives to dismiss 39 (Attachments: # 1 Exhibit A)(Cobb, Erin) (Entered: 04/09/2012)

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50 April 9, 2012

MEMORANDUM by Eric H. Holder, Jr, Janet Napolitano in Opposition to motion to dismiss 39 filed by the Bipartisan Legal Advisory Group of the House of Representatives (Carlson, Jesi) (Entered: 04/09/2012)

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51 April 20, 2012

STIPULATION for Intervenor Defendant To File Consolidated Reply, in Excess of Fifteen (15) Pages, to Plaintiffs' and Federal Defendant's Responses to Intervenor Defendant's Motion to Dismiss (Bartolomucci, H) (Entered: 04/20/2012)

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52 April 23, 2012

MOTION by Defendants Eric H. Holder, Jr, Janet Napolitano to stay Proceedings Due to Agency Action (Carlson, Jesi) (Entered: 04/23/2012)

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53 April 23, 2012

NOTICE of Motion by Jesi J. Carlson for presentment of motion to stay 52 before Honorable Harry D. Leinenweber on 5/10/2012 at 09:30 AM. (Carlson, Jesi) (Entered: 04/23/2012)

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54 April 23, 2012

REPLY by Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives to motion to dismiss 39 (Attachments: # 1 Exhibit 1)(Bartolomucci, H) (Entered: 04/23/2012)

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55 May 2, 2012

RESPONSE by Bipartisan Legal Advisory Group of the U.S. House of Representativesin Opposition to MOTION by Defendants Eric H. Holder, Jr, Janet Napolitano to stay Proceedings Due to Agency Action 52 (Bartolomucci, H) (Entered: 05/02/2012)

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56 May 3, 2012

MINUTE entry before Honorable Harry D. Leinenweber: Enter Order granting the stipulation for intervenor defendant to file consolidated reply, in excess of fifteen pages, to plaintiffs and federal defendants' responses to intervenor defendant's motion to dismiss. [For further detail see separate order.] Mailed notice (mb, ) (Entered: 05/07/2012)

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57 May 3, 2012

STIPULATION for Intervenor defendant to file consolidated reply, in excess of fifteen (15) pages, to plaintiffs' and federal defendants' responses to intervenor defendant's motion to dismiss. Signed by the Honorable Harry D. Leinenweber on 5/3/2012:(mb, ) (Entered: 05/07/2012)

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58 May 7, 2012

REPLY by Defendants Eric H. Holder, Jr, Janet Napolitano to response in opposition to motion 55 to stay (response in opposition filed by Bipartisan Legal Advisory Group for the House of Representatives) (Carlson, Jesi) (Entered: 05/07/2012)

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59 May 10, 2012

MINUTE entry before Honorable Harry D. Leinenweber:The Court will rule by mail on Defendants Motion to Stay Proceedings.Motion hearing held on 5/10/2012 regarding motion to stay 52 Mailed notice (wp, ) (Entered: 05/10/2012)

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60 July 12, 2012

WRITTEN Opinion entered by the Honorable Harry D. Leinenweber on 7/12/2012:The Government Defendants' motion to stay proceedings for 90 days is granted. A status hearing set for 10/16/2012 at 9:00 a.m. Should USCIS' decision on the Plaintiff's visa petition be finalized before that time, the parties are hereby ordered to file a motion for an earlier status date. Mailed notice(wp, ) (Entered: 07/12/2012)

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61 Aug. 13, 2012

MINUTE entry before Honorable Harry D. Leinenweber:Defendants' granted leave to file the agency's decision on plaintiffs' I-130 petition for alien relatives, under seal.Mailed notice (wp, ) (Entered: 08/13/2012)

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62 Aug. 13, 2012

MOTION by Defendants Eric H. Holder, Jr, Janet Napolitano for hearing re order on motion to stay,, written opinion,, set hearings, 60 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Carlson, Jesi) (Entered: 08/13/2012)

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63 Aug. 13, 2012

NOTICE of Motion by Jesi J. Carlson for presentment of motion for hearing, motion for relief,, 62 before Honorable Harry D. Leinenweber on 9/5/2012 at 09:30 AM. (Carlson, Jesi) (Entered: 08/13/2012)

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64 Aug. 13, 2012

SEALED DOCUMENT by Defendants Eric H. Holder, Jr, Janet Napolitano Exhibit A to Motion to Notice of Agency Action and Motion for an Earlier Status Hearing (Carlson, Jesi) (Entered: 08/13/2012)

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65 Aug. 27, 2012

DOCUMENT ENTERED IN ERROR (Entered: 08/27/2012)

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66 Aug. 27, 2012

NOTICE of Correction regarding document 65 (tg, ) (Entered: 08/27/2012)

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67 Aug. 27, 2012

MINUTE entry before Honorable Harry D. Leinenweber:The Motion to set earlier status hearing 62 is granted. Status hearing reset for 9/20/2012 at 09:00 AM.Mailed notice (wp, ) (Entered: 08/27/2012)

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68 Sept. 20, 2012

MINUTE entry before Honorable Harry D. Leinenweber:Status hearing held on 9/20/2012. Defendant's oral motion to dismiss without prejudice is granted. Civil case terminated. Mailed notice (wp, ) (Entered: 09/20/2012)

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Case Details

State / Territory:

Illinois

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Same-Sex Marriage

Key Dates

Filing Date: March 23, 2011

Closing Date: Sept. 20, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Plaintiffs are two men, married in the State of Iowa; one is a U.S. citizen and the other is a foreign national.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Homeland Security

Case Details

Causes of Action:

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

Constitutional Clause(s):

Equal Protection

Other Dockets:

Northern District of Illinois 1:11-cv-01991

Central District of Illinois 91-00011

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Unknown

Relief Granted:

Unknown

Source of Relief:

Unknown

Issues

General/Misc.:

Marriage

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Sexual orientation

Immigration/Border:

Family Separation

Visas - criteria

Recommended Citation