Wang v. Chertoff et al

Plaintiff: Fei Wang
Defendant: Michael Chertoff, Jonathan R. Scharfen and F Gerard Heinauer
 
Case Number: 1:2008cv00429
Filed: October 7, 2008
 
Court: Idaho District Court
Office: Other Immigration Actions Office
County: Ada - Southern
Presiding Judge: Candy W Dale
 
Nature of Suit: None
Cause of Action: U.S. Government Defendant
Jury Demanded By: 28:1361 Petition for Writ of Mandamus

Available Case Documents

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Date Filed#Document Text
March 23, 2009 17 Opinion or Order of the Court 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 44 Opinion or Order of the Court 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 Sta tus 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 Adjust ment 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 canno t 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)

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Plaintiff: Fei Wang
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Defendant: Michael Chertoff
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Defendant: Jonathan R. Scharfen
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Defendant: F Gerard Heinauer
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