Flying home from speaking at a rally in DC held by high skilled immigrant protesting their unjust plight caused our antiquated immigration laws. And I was happy to announce some progress on our court fights.
Today we filed for class certification motion in Mehta v. Kerry. That motion asks the judge to certify our case as a class action so that all people in the same shoes as our named plaintiffs will be able to file their adjustment of status applications as if the Visa Bulletin published on September 9th went in to effect. We expect a hearing on this motion in just under four weeks.
Bob Gibbs, our local counsel in Seattle has also received news on his Freedom of Information Act request. USCIS on Friday sent a letter requesting an additional ten days to respond. But don’t hold your breath. USCIS most certainly does not want to release any of the documents Bob requested and you can expect a fight in the courts to ensue when they inevitably avoid complying with their FOIA obligations.
Next up in Mehta v. Kerry we’ll be seeking expedited discovery as part of a preliminary injunction motion. Stay tuned…
Greg Siskind

Greg Siskind

Greg Siskind is a partner with Siskind Susser, PC - Immigration Lawyers. After graduating from Vanderbilt University, he received his law degree at the University of Chicago. He created the first immigration law web site in 1994 and the first law blog in 1997. He's written four books and currently serves on the board of governors of the American Immigration Lawyers Association. He can be reached by email at gsiskind@visalaw.com.
Greg Siskind

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8 Responses to Lawsuit Update

  1. Anonymous says:

    Sounds very good, the last line should say Mehta v. Kerry I think

  2. Greg Siskind says:

    Hah! I got to hang out with Cyrus Mehta today so he was on my brain.

  3. chiragpa says:

    Sir, are we waiting for FOIA responses to proceed further with ‘seeking expedited discovery as part of a preliminary injunction motion.’ Any timeline if you can share..

  4. […] Greg Siskind, Nov. 16, 2015 – "Today we filed for class certification motion in Mehta v. Kerry.  That motion asks the judge to certify our case as a class action so that all people in the same shoes as our named plaintiffs will be able to file their adjustment of status applications as if the Visa Bulletin published on September 9th went in to effect.  We expect a hearing on this motion in just under four weeks.  Bob Gibbs, our local counsel in Seattle has also received news on his Freedom of Information Act request.  USCIS on Friday sent a letter requesting an additional ten days to respond.  But don’t hold your breath.  USCIS most certainly does not want to release any of the documents Bob requested and you can expect a fight in the courts to ensue when they inevitably avoid complying with their FOIA obligations.  Next up in Mehta v. Kerry we’ll be seeking expedited discovery as part of a preliminary injunction motion.  Stay tuned…" […]

    • chiragpa says:

      Thanks!! I read this post on FB. I asked question because i was not clear about expedited discovery. I understand that we will court hearing in four weeks. Looking forward to hear some positive news. No matter we win or lose. At least we tried. Thank you for all your efforts and being transparent.

  5. mandar says:

    Thanks for update

  6. Anonymous says:

    Lawsuits will get you the skilled Immigrants community where…..ithey undershelm the advocacy efforts by dividing the effort.

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