Folinskyinla

Hi:

FWIW, the K-2 age-out saga continues.

On June 26, 2008, an Immigration Judge in Bloomington MN ruled that K-2's did NOT age out. A salient procedural fact -- the IJ reversed herself on reconsideration! Another salient fact, the non-citizen in question had also married a US citizen. The IJ ruled that the subsequent marriage was irrelevant to the K-2 adjustment, and on top of that -- the IJ ruled that the alien could also adjust based upon the marriage!

I am currently in a hearing on this issue in Anchorage AK. We saw the IJ briefly this morning and will return this afternoon for a brief factual prove-up -- the IJ indicated that he would take the matter under "submission" and later issue a ruling by mail.

On the District Court level, there is the Verovkin case out of San Francisco in which District Court Judge Wilken ruled that K-2's do not age out. However, there is also the Jiang case from Fresno, where District Judge O'Niel went the other way. CIS did NOT appeal Verovkin. Jiang HAS appealed and her case is pending before the 9th Circuit Court of Appeals. Jiang has been fully briefed and is awaiting further action by the Court.

There was one District Court case in Chicago which was dismissed on procedural grounds. There is one case pending in District Court in Detroit and summary judgement is pending.

lovenlife

Any news on the AK case?

Are you all set for your case in Philly?

Folinskyinla

Hi:

As ready as I will ever be I guess.

Folinskyinla

Hi:

We returned that afternoon for the formal hearing [we needed an interpreter] and did a short adjustment prove-up and the IJ took the matter "under submission" without a further hearing date.

I had dinner with a local colleague who is encouraged by the fact that, although he did not join our position, really didn't oppose it with any vigor. And this is an older experienced straight-shooter.

lovenlife

Fingers crossed in both cases, and the Jang case I see that a Calendar check performed on 7/9 (not sure what it means though lol).

meauxna

I've been wondering how you all are doing.. hi! <waves>

Folinskyinla

Hi:

I don't check PACER all that often -- those $.08 per page add up after a while. BTW, the Court of Appeals is getting ready to go over to electronic filing. At a recent litigation seminar, a point was made that, in this day of identity theft, one has to take measures to guard personal information from electronic posting.

My understanding of "calendar check" is that oral argument may be in the works.

lovenlife

Good luck with the oral argument (when it comes) will they post an audio file on the 9th CCA website after the fact? Just curious. Cheers and have a wonderful weekend.

USA & Pakistan

Have you had any time for sight-seeing? I have never been up that far, but I have been thinking about taking a cruise from Seattle up to Alaska to check it out. Maybe next summer.

Marnee

Folinskyinla

Hi:

This trip was just after a sightseeing trip in British Columbia just after the AILA conference in Vancouver. Long story -- had to fly back to LA and then flew out the next day for Anchorage.

That said -- last year, for my mother-in-law's 90th birthday, the whole family took Holland-America 1 week cruise from Seattle to Glacier Bay, Juneau, Sitka, ketchican, a brief stop in Victoria [just to touch foreign soil] and back to Seattle. It was lovely.