***Transcript of June 3 Hearing and Further Proceedings ***

[Rajiv S. Khanna]

Attached is the transcript of the 6/3 hearing. There are several errors in it but it gives you all the gist of what happened.

Today, we were before the court (by phone). The court has asked us to go ahead with a Rule 30(b)(6) deposition. Which means we get to speak with a senior officer of CIS and ask him/her questions under oath about the CIS procedures (the deposition can go on for upto 7 hours).

Working on it. Will inform you of details. As I had said earlier, keep the questions ready.

 

[Rajiv S. Khanna]

No

so does this imply that we won't get any process documentation but they will answer in a deposition what we ask. Having access to the documents would have allowed us to not only poke holes in it but ask very intelligent questions.

The Court said yesterday they would allow request for documents after the deposition AND would allow more depositions than one, if needed.

 

[Rajiv S. Khanna]

That is a good idea

1) Can the deposition be done in multiple sessions, total time not exceeding 7 hours? If it is allowed, you may want to consider splitting the deposition into 2 sessions (5 hours initial discovery + 2 hours follow up where we can try to come up with more questions based on info from the first 5 hours) or more.

2) What if 7 hours is insufficient to get to where you need to? Can there be further depositions? What if USCIS uses stalling techniques?

Ladies and Gentlemen, put on your thinking caps and come up with questions that will establish commanality for EB 485 applications.

I think splitting would be good, but I doubt the govt will go for it. I will ask.

In some ays, it is better to go for one deposition. Gives us more time with the witness. I will think about it carefully.