Albassrei v. U.S. Citizenship and Immigration Services et al
Fayez Albassrei |
Department of Homeland Security and U.S. Citizenship and Immigration Services |
3:2014cv00374 |
March 6, 2014 |
US District Court for the District of Oregon |
Portland (3) Office |
Michael W. Mosman |
Naturalization Application |
08 U.S.C. ยง 1182 Immigration & Nationality Act of 1990 |
None |
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Filing 23 OPINION AND ORDER: Because I agree with USCISs position that it had statutory authority to revoke its approval of the two Form I-130s filed on behalf of Mr. Al-Bassrei, I therefore find that USCIS did not violate his due process rights. The e ffect of the valid revocation of the approval of theForm I-130s is that Mr. Al-Bassrei cannot satisfy the second requirement of 8 U.S.C. § 1255(a). Since Mr. Al-Bassrei cannot meet the requirements of Section 1255(a), he has provided no legal b asis that could adjust his legal status from an alien ordered to be removed from this country to an alien with LPR. I therefore find that there is no legal basis to stay Mr. Al-Bassreis removalproceedings. Mr. Al-Bassreis prayer for an injunction to stay his removal proceedings and to grant him LPR is DENIED and DISMISSED. Signed on 11/21/14 by Judge Michael W. Mosman. (dls) |
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