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08-429 - Wang v. Chertoff et al


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08-429 - Wang v. Chertoff et al
March 23, 2009
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MEMORANDUM DECISION AND ORDER Denying 4 Defendants' Motion to Dismiss Under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Department of Homeland Security. Defendants are to file an Answer within 10 days from the date of this Decision. A scheduling conference will be set between the parties, and a scheduling conference order will be forthcoming. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
January 12, 2010
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MEMORANDUM DECISION AND ORDER Defendants' Motion for Reconsideration, or in the alternative, Motion to Order Mr. Wang to Amend his Complaint to add the Department of State as an indispensable party 18 is DENIED; Plaintiff's Motion for Status Conference 39 is DENIED as MOOT; Plaintiff's Motion to Supplement the Record 40 is GRANTED; Plaintiff's Motion for Summary Judgment 24 is GRANTED. Defendants are ORDERED to adjudicate Mr. Wang's pending Application for Adjustment of Status within 10 days of the availability of a visa number. Defendants are further ORDERED to show cause by affidavit, which shall be filed on the first day of each month, as to why Mr. Wang's application for adjustment of status cannot be favorably adjudicated at that time. If at any time the Court considers the reasons advanced therein insufficient, the Court will hold a hearing and provide notice of an opportunity for Mr. Wang to appear. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)