Abdul M. Khan et al v. Jeh Johnson et al
| Abdul M. Khan, Mariam Khan, Muhmmad Laraib Khan and Rozina Khan |
| Jeh Johnson, Alejandro Mayorkas and George S. Mihalko |
| 2:2014cv06288 |
| August 11, 2014 |
| US District Court for the Central District of California |
| Christina A. Snyder |
| Carla Woehrle |
| Other Immigration Actions |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
59
MINUTES OF Motion Hearing held before Judge Christina A. Snyder RE: Plaintiff's Motion for Collateral Estoppel 46 ; and Defendant's Cross-Motion for Summary Judgment 49 . The Court construes Plaintiff's motion as a motion for summar y judgment pursuant to Federal Rule of Civil Procedure 56. The Court finds that USCIS is collaterally estopped from denying plaintiff's application for adjustment of status on the grounds that he has engaged in a terrorist activity. The Court, t herefore, GRANTS plaintiff's motion for summary judgment and DENIES defendant's motion for summary judgment. USCIS's denial of plaintiff's application is hereby set aside pursuant to 5 U.S.C. Section 706. Court Reporter: Laura Elias. (gk)
|
|
Filing
40
MINUTES (IN CHAMBERS) PLAINTIFFS MOTION FOR LEAVE TOFILE A FIRST AMENDED COMPLAINT by Judge Christina A. Snyder: Accordingly, the Court GRANTS plaintiffs request for leave to file a first amended complaint. Plaintiff shall file his first amended complaint no later than October 29, 2015. 37 (pj)
|
|
Filing
36
MINUTES (IN CHAMBERS) PLAINTIFF'S RESPONSE TO DEFENDANTS' NOTICE OF ADMINISTRATIVE ACTION by Judge Christina A. Snyder: On 6/26/2015, plaintiff filed a response arguing that USCIS was collaterally estopped from denying his application based on the BIA's prior approval of his asylum petition, and that the denial lacks factual support 29 . The telephonic status conference scheduled for 8/10/2015, is vacated. The Court concludes that the appropriate course is to dismiss this action without prejudice. The government is correct that the complaint does not plead grounds for the relief he currently seeks, and in any event, the factual record and briefing are at this point insufficient for the Court to evaluate the merits of plainti ff's collateral estoppel argument. But because this dismissal is without prejudice, plaintiff may seek leave to file an amended complaint. In accordance with the foregoing, the Court DISMISSES this action without prejudice to the filing of a motion seeking leave to file an amended complaint. (Made JS-6. Case Terminated.) Court Reporter: (gk)
|
|
Filing
17
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: The Court DENIES defendants' Motion for Dismissal or Summary Judgment 10 . Court Reporter: Sherri Kleeger. (gk)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
