Read Microsoft Word - Statement of Uncontroverted Facts and Conclusions of Law.doc text version

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BRENT W. RENISON, Oregon SBN. 96475 PARRILLI RENISON LLC 5285 SW Meadows Rd., Ste 175 Lake Oswego, Oregon 97035 (503) 597-7190 (503) 726-0730 fax Admitted pro hac vice Attorneys for Plaintiffs-Petitioners and Class Members UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) ) Plaintiffs-petitioners, ) ) vs. ) MICHAEL CHERTOFF, U.S. Department ) ) of Homeland Security, et. al., ) ) Defendants-respondents. ) ) ) ) ) ) ) ) ) CAROLYN ROBB HOOTKINS, et. al., Case No. CV07-5696 CAS (MANx) Date: January 28, 2008 Time: 10:00 a.m. Courtroom: 5 Honorable Christina A. Snyder [PROPOSED] STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW CLASS ACTION

-1STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW

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STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW Pursuant to L.R. 56-1, plaintiffs hereby set forth the material facts to which plaintiffs contend there is no genuine issue. I. STATEMENT OF UNCONTROVERTED FACTS Plaintiffs share common sets of facts that are material to the controversy, and which exist without genuine controversy. Based on the conference of counsel on November 30, 2007, counsel for plaintiffs conclude that no genuine issue exists regarding any material fact, and that if counsel for defendants responds to these statements with a Statement of Genuine Issues and Declarations as required by L.R. 56-2 and L.R. 56-3, no fact will be found to exist that cannot be reasonably resolved in favor of either party. Plaintiffs contend that the following material facts are uncontroverted and that no genuine issue exists which would necessitate litigation: 1) Plaintiffs are beneficiaries of petitions properly filed by plaintiffs' United States citizen spouses to accord immediate relative status to plaintiffs; 2) Plaintiffs who are beneficiaries of Form I-130, Petition for Alien Relative, were married prior to the filing of Form I-130; 3) Plaintiffs who are beneficiaries of Form I-129, Petition for Alien Fiance(e), were married within the required 90 days from entry under K-1 status; 4) Plaintiffs' United States citizen spouses died while the properly filed petitions were awaiting adjudication by defendants, or in the case of consular applicants, while consular applications were awaiting adjudication by defendants; 5) The petitions filed on behalf of plaintiffs have not been approved, a. For plaintiffs outside the Ninth Circuit, because defendants have determined plaintiffs not to remain immediate relative spouses of United States citizens;

-2STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW

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b. For plaintiffs within the Ninth Circuit, because defendants have imposed certain requirements for approval that are challenged as a matter of law. CONCLUSIONS OF LAW For reasons set out in the Memorandum of Points and Authorities in Plaintiffs Motion in Opposition to Motion to Dismiss and Cross Motion for Summary Judgment [docket #9], plaintiffs respectfully submit that plaintiffs' claims can be decided as a matter of law, pursuant to Fed.R.Civ.Proc. 56. No factual issues exist that can only be resolved by a finder of fact, because they "may reasonably be resolved in favor of either party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986). A proposed judgment, as required by L.R. 56-1, is attached. DATED December 6, 2007 By BRENT W. RENISON, Oregon SBN. 96475 PARRILLI RENISON LLC 5285 SW Meadows Rd., Ste 175 Lake Oswego, Oregon 97035 (503) 597-7190 (503) 726-0730 fax Admitted pro hac vice Attorneys for Plaintiffs-petitioners

-3STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW

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PROOF OF SERVICE I, the undersigned, say: my business address is 5285 SW Meadows Rd, Ste 175, Lake Oswego, Oregon. I am over the age of eighteen years and not a party to the aboveentitled action. On December 6, 2007, I served the within document(s) described as: [PROPOSED] STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW, on the interested party(ies) in this action as follows: I inserted a true and correct copy of the document(s) in a sealed envelope and caused each such envelope, with first-class postage thereon fully prepaid, to be deposited in a recognized place of deposit of the United States Mail for collection and mailing to the office/residence of the addressee(s) on the date shown below following ordinary business practices, addressed as follows:

Elizabeth Stevens Office of Immigration Litigation USDOJ Civil Division P.O. Box 878 Ben Franklin Station Washington, DC 20044 Leon W. Weidman, Chief United States Attorney's Office Room 7516, Federal Building 300 N. Los Angeles Street Los Angeles, CA 90012 Alberto Gonzales United States Attorney General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, D.C. 20530-0001 Michael Chertoff Secretary, Department of Homeland Security United States Department of Homeland Security Washington, D.C. 20528

-4STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW

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-5STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW

Emilio Gonzalez Director, United States Citizenship and Immigration Services United States Department of Homeland Security 425 I Street NW Washington, D.C. 20536 Condoleezza Rice Secretary of State United States Department of State Attn: Christopher Riche, Exec. Dir. Legal Advisor Rm. 5519 2201 C Street NW Washington, D.C. 20520 Maura Harty Assistant Secretary for Consular Affairs United States Department of State Attn: Christopher Riche, Exec. Dir. Legal Advisor Rm. 5519 2201 C Street NW Washington, D.C. 20520

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. EXECUTED on December 6, 2007, at Lake Oswego, Oregon.

___________________________ Brent W. Renison, Declarant

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Microsoft Word - Statement of Uncontroverted Facts and Conclusions of Law.doc