Boansi v. Johnson et al
| Kwabena O. Boansi |
| Leander Holston, Jeh Johnson, Leon Rodriguez and Gregory A. Richardson |
| 2:2014cv00047 |
| August 4, 2014 |
| US District Court for the Eastern District of North Carolina |
| Northern Division Office |
| PASQUOTANK |
| Terrence W Boyle |
| Other Immigration Actions |
| 05 U.S.C. § 702 |
| None |
Docket Report
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| Filing 46 JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the plaintiffs motion [DE 33] is GRANTED and defendants motion [DE 40] is DENIED. Signed by US District Judge Terrence W. Boyle on 7/20/2015. The case is remanded to the Department of Homeland Security, United States Citizenship and Immigration Services, for reajudication of plaintiffs petition without application of the 8 U.S.C. 1154(c) marriage fraud bar. This case is closed. (Romine, L.) |
Filing 45
ORDER granting #33 Motion for Summary Judgment and denying #40 Motion for Summary Judgment. Signed by District Judge Terrence W. Boyle on 7/20/2015. (Romine, L.)
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| Filing 44 Notice filed by Kwabena O. Boansi Supplemental Authority. (Attachments: #1 Exhibit Supplemental Authority) (Widdison, Jeffrey) |
| Filing 43 Minute Entry for proceedings held in Elizabeth City, NC before US District Judge Terrence W. Boyle: Motion Hearing held on 7/15/2015 regarding #40 Cross MOTION for Summary Judgment and #33 MOTION for Summary Judgment . All parties present and ready to proceed. Written order to follow. (Court Reporter Sandra Graham) (Romine, L.) |
| Filing 42 NOTICE of Hearing on Motion #40 Cross MOTION for Summary Judgment, #33 MOTION for Summary Judgment: Motion Hearing set for 7/15/2015 at 11:00 AM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. (Downing, L.) |
| Motions Submitted to US District Judge Terrence W. Boyle: #40 Cross MOTION for Summary Judgment , #33 MOTION for Summary Judgment. (Marsh, K) |
| Filing 41 RESPONSE in Opposition regarding #40 Cross MOTION for Summary Judgment and Reply to Def's Opposition to Pl.'s Mot. for Summ. J. filed by Kwabena O. Boansi. (Widdison, Jeffrey) |
| Filing 40 Cross MOTION for Summary Judgment by Leander Holston, Jeh Johnson, Gregory A. Richardson, Leon Rodriguez. (Attachments: #1 Memorandum of Law, #2 Proposed Order) (Goettel, Katherine) |
| NOTICE OF DEFICIENCY regarding: #39 Response in Opposition to Motion - Multiple events were used in this filing. Counsel is directed to refile the cross-motion for summary judgment complying with the Local Civil Rule 7.1(b) and 7.1(d). (Rudd, D.) |
| Filing 39 RESPONSE in Opposition regarding #33 MOTION for Summary Judgment and cross-motion for summary judgment filed by Leander Holston, Jeh Johnson, Gregory A. Richardson, Leon Rodriguez. (Goettel, Katherine) |
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Filing 38
ORDER - The court finds good cause to allow in part Defendants' second motion for extension of time, and the deadline for Defendants to file their response and cross-motion is extended to March 26, 2015. However, the court agrees with Plaintiff that he should be allowed two weeks to file a reply, and therefore the reply deadline is extended until Apri19, 2015. The first motion for extension of time is denied as moot. Signed by Magistrate Judge Robert B. Jones, Jr on 2/23/2015. (Downing, L.)
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| Motions referred to US Magistrate Judge Robert B. Jones, Jr. #35 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment and to File Cross-Motion for Summary Judgment, #36 MOTION for Extension of Time to File to file cross-motion for summary judgment and #37 response in opposition. (Downing, L.) |
| Filing 37 RESPONSE in Opposition regarding #36 MOTION for Extension of Time to File to file cross-motion for summary judgment, #35 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment and to File Cross-Motion for Summary Judgment filed by Kwabena O. Boansi. (Widdison, Jeffrey) |
| Filing 36 MOTION for Extension of Time to File to file cross-motion for summary judgment by Leander Holston, Jeh Johnson, Gregory A. Richardson, Leon Rodriguez. (Attachments: #1 Proposed Order) (Goettel, Katherine) |
| Filing 35 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment and to File Cross-Motion for Summary Judgment by Leander Holston, Jeh Johnson, Gregory A. Richardson, Leon Rodriguez. (Attachments: #1 Proposed Order) (Goettel, Katherine) |
| NOTICE OF CORRECTION regarding: #34 Memorandum in support. Counsel used an incorrect event. For future reference, counsel should use the event "Memorandum in support" located under "responses and replies." Docket clerk has corrected docket entry to reflect that attachment is not a motion. (Marsh, K) |
| Filing 34 Memorandum in Support of #33 Motion for summary judgment by Kwabena O. Boansi. (Attachments: #1 Affidavit Affidavit of Ann Robertson, #2 Attachments to Affidavit of Ann Robertson) (Widdison, Jeffrey) Modified on 2/19/2015 to correctly identify document as a memorandum in support and not a motion. (Marsh, K) |
| Filing 33 MOTION for Summary Judgment by Kwabena O. Boansi. (Widdison, Jeffrey) |
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Filing 32
ORDER GRANTING #31 Plaintiff's Motion to Extend the Dispositive Motions Deadlines: Plaintiff will file a Motion for Summary Judgment on or before 2/18/2015. Defendants' will file a cross-motion and response on or before 3/11/2015. Plaintiff will file a reply on or before 3/25/2015. Signed by US Magistrate Judge Robert B. Jones, Jr. on 2/13/2015. (Fisher, M.)
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| MOTION REFERRED to US Magistrate Judge Robert B. Jones, Jr.: #31 Plaintiff's Motion for Extension of Time to File Dispositive Motions. (Fisher, M.) |
| Filing 31 First MOTION for Extension of Time to file dispositive motions by Kwabena O. Boansi. (Widdison, Jeffrey) |
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Filing 30
ORDER GRANTING #29 Defendants' Motion to Seal the Certified Record. Signed by US District Judge Terrence W. Boyle on 1/21/2015. (Fisher, M.)
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| MOTION SUBMITTED to US District Judge Terrence W. Boyle: #29 Motion to Seal the Certified Administrative Record. (Fisher, M.) |
| Filing 29 MOTION to Seal 25 PROPOSED SEALED Document,, 28 PROPOSED SEALED Document, 26 PROPOSED SEALED EX PARTE Document, 27 PROPOSED SEALED Document,, by Leander Holston, Jeh Johnson, Gregory A. Richardson, Leon Rodriguez. (Attachments: #1 Proposed Order) (Goettel, Katherine) |
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Filing 24
ORDER GRANTING #23 Defendants' Motion for Extension of Time. Administrative Record must be filed on or before 1/14/2015. Plaintiff's Motion for Summary Judgment must be filed on or before 2/11/2015. Defendant's cross motion/response shall be filed on or before 3/4/2015. Plaintiff's reply shall be filed on or before 3/18/2015. Signed by US Magistrate Judge Robert B. Jones, Jr. on 1/8/2015. (Fisher, M.)
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| MOTION REFERRED to US Magistrate Judge Robert B. Jones, Jr.: #23 Motion for Extension of Time to File Administrative Record and to Extend Dispositive Motions Deadline. (Fisher, M.) |
| Filing 23 MOTION for Extension of Time to file administrative record by Leander Holston, Jeh Johnson, Gregory A. Richardson, Leon Rodriguez. (Attachments: #1 Proposed Order) (Goettel, Katherine) |
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Filing 22
ORDER granting #21 Motion for Extension of Time to file certified administrative record and to file dispositive motions.. Signed by Magistrate Judge Robert B. Jones, Jr on 12/24/2014. Counsel should read order in its entirety for critical deadlines and information. (Marsh, K)
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| MOTION REFERRED to US Magistrate Judge Robert B. Jones, Jr.: #21 Motion for Extension of Time to File Administrative Record and Dispositive Motions. (Fisher, M.) |
| Filing 21 MOTION for Extension of Time by Leander Holston, Jeh Johnson, Gregory A. Richardson, Leon Rodriguez. (Attachments: #1 Proposed Order) (Goettel, Katherine) |
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Filing 20
SCHEDULING ORDER, signed by US Magistrate Judge Robert B. Jones, Jr. on 12/11/2014. Please read order in its entirety for critical dates and deadlines. (Fisher, M.)
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| Remark: #19 Joint Rule 26(f) Report referred to US Magistrate Judge Robert B. Jones, Jr. for a Scheduling Order. (Fisher, M.) |
| Filing 19 REPORT of Rule 26(f) Planning Meeting by Kwabena O. Boansi. (Widdison, Jeffrey) |
| Filing 18 STATUS REPORT regarding discovery conference and joint discovery plan by Leander Holston, Jeh Johnson, Gregory A. Richardson, Leon Rodriguez. (Goettel, Katherine) |
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Filing 17
ORDER DENYING #12 Plaintiff's Motion for a Temporary Restraining Order, and DENYING AS MOOT #16 Plaintiff's Motion for a Hearing. Signed by US District Judge Terrence W. Boyle on 12/3/2014. (Fisher, M.)
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| MOTION SUBMITTED to US District Judge Terrence W. Boyle : #16 Emergency Motion for a Hearing regarding the Request for a Temporary Restraining Order. (Fisher, M.) |
| Filing 16 MOTION for Hearing regarding #12 MOTION for Temporary Restraining Order by Kwabena O. Boansi. (Attachments: #1 Exhibit ECSU Letter) (Widdison, Jeffrey) |
| Filing 15 REPLY to Response to Motion regarding #12 MOTION for Temporary Restraining Order Reply to Government's Opposition filed by Kwabena O. Boansi. (Widdison, Jeffrey) |
| Remark: #14 Response and #15 Reply submitted to US District Judge Terrence W. Boyle. (Fisher, M.) |
| Filing 14 RESPONSE in Opposition regarding #12 MOTION for Temporary Restraining Order filed by Leander Holston, Jeh Johnson, Gregory A. Richardson, Leon Rodriguez. (Attachments: #1 Ex. A - 2000 Notice of Intent to Deny) (Goettel, Katherine) |
| Filing 13 NOTICE of Appearance by Katherine EM Goettel on behalf of All Defendants (Goettel, Katherine) |
| MOTION SUBMITTED to US District Judge Terrence W. Boyle: #12 Plaintiff's Motion for a Temporary Restraining Order. (Fisher, M.) |
| Filing 12 MOTION for Temporary Restraining Order by Kwabena O. Boansi. (Attachments: #1 Exhibit Boansi Affidavit, #2 Exhibit 2014 Adjustment of Status Denial, #3 Exhibit 2013 NOID (Notice of Intent to Deny), #4 Exhibit Response to 2013 NOID, #5 Exhibit 2014 Denial of I-140 petition, #6 Exhibit Copy of unpublished case Sofane v. DHS (DConn), #7 Exhibit envelope containing 2005 NOID undeliverable, #8 Exhibit 2003 Attorney Entry of Appearance) (Widdison, Jeffrey) |
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Filing 11
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court, on 10/23/2014. (Fisher, M.)
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| Filing 10 ANSWER to #1 Complaint,,,,,, by Leander Holston, Jeh Johnson, Gregory A. Richardson, Leon Rodriguez. (West, Stephen) |
| TEXT ORDER granting defendants' #9 motion for extension of time. Defendants have through and including October 21, 2014 to answer or otherwise respond to plaintiff's complaint. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 10/8/2014. (Skinner, J.) |
| Filing 9 MOTION for Extension of Time to File Response/Reply by Leander Holston, Jeh Johnson, Gregory A. Richardson, Leon Rodriguez. (Attachments: #1 Text of Proposed Order) (West, Stephen) |
| MOTION REFERRED to Julie A. Richards, Clerk of Court: #9 Motion for Extension of Time to File Answer to Complaint. (Fisher, M.) |
| Filing 8 CERTIFICATE OF SERVICE by Kwabena O. Boansi proof of service of summonses (Widdison, Jeffrey) |
| Filing 7 NOTICE of Appearance by Jeffrey Bruce Widdison on behalf of All Plaintiffs (Widdison, Jeffrey) |
| Filing 6 SUMMONS ISSUED as to all defendants. Counsel is directed to print summonses and effect service. (Fisher, M.) |
| Filing 5 FINANCIAL DISCLOSURE STATEMENT by Kwabena O. Boansi (McKinney, Jeremy) |
| Filing 4 NOTICE of Appearance by Jeremy L McKinney on behalf of Kwabena O. Boansi (McKinney, Jeremy) |
| Filing 3 NOTICE of Appearance by Jeremy L McKinney on behalf of Kwabena O. Boansi (McKinney, Jeremy) |
| Filing 2 AMENDED DOCUMENT by Kwabena O. Boansi. Summonses. (McKinney, Jeremy) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400, receipt number 0417-2985868.), filed by Kwabena O BOANSI. (Attachments: #1 Exhibit Affidavit of Plaintiff, #2 Exhibit Affidavit of Jacqueline McNeil, #3 Exhibit Plaintiff's Birth Certificate, #4 Exhibit H-1B Approval Notice, #5 Exhibit I-94 travel document, #6 Exhibit Change of Status to F-1, #7 Exhibit Marriage Certificate, #8 Exhibit I-130 Visa Petition, #9 Exhibit Interview Notice, #10 Exhibit Interview Notice, #11 Exhibit INS Congressional Correspondence, #12 Exhibit Interview Notice, #13 Exhibit Statement of Jacqueline McNeil, #14 Exhibit Letter from Sen. Edwards, #15 Exhibit Letter of Plaintiff to USCIS, #16 Exhibit USCIS letter to Plaintiff, #17 Exhibit H-1B Nonimmigrant Stamp, #18 Exhibit Letter from Jacqueline McNeil to USCIS, #19 Exhibit I-140 Visa Petition, #20 Exhibit Notice of Intent to Deny (NOID), #21 Exhibit NOID Response, #22 Exhibit Letter of Plaintiff to USCIS, #23 Exhibit USCIS Letter to Plaintiff, #24 Exhibit USCIS Decision, #25 Exhibit Cover Letter of 2nd I-140 Visa Petition, #26 Exhibit I-130 NOID, #27 Exhibit Evidence of Non-Delivery of I-130 NOID, #28 Exhibit NOID for 2nd I-140, #29 Exhibit USCIS Decision, #30 Exhibit I-290B of Plaintiff, #31 Exhibit USCIS Decision, #32 Exhibit NOID for 3rd I-140, #33 Exhibit Response to NOID, #34 Exhibit USCIS Decision) (McKinney, Jeremy) Modified on 8/4/2014 (Moore, L.) |
| NOTICE TO COUNSEL: All counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Moore, L.) |
| NOTICE TO COUNSEL: No summons provided for issuance or Waiver of Service filed. (Moore, L.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Kwabena O. Boansi. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Moore, L.) |
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