Transcripts of June 3rd hearing
- Thread starter cosmos
- Start date
140_takes_4ever
Registered Users (C)
Some interesting excepts,
Quoting the judge:
If it turns out, and it may very well turn out, that the application of Mr. X takes four years, the application of Mr. Y takes one year, the application of Mr. Z takes 30 days, the application of A takes six years, the application of B takes four years and three months, and that there's some rational reason for it, then I don't think you got a class action.
Now we know why INS is trying to adjudicate cases all over the backlog process.
I guess as long as the discovery process goes on, continue to expect 04 cases getting approved with the same regularity as 02/03 cases. What a crock!
I guess the only benificiaries will be the 04 cases. But the questions is what will happen if the class action fails? Will INS go back to its sluggish ways? Or will it continue a smattering of cases all over the board just to meet the minimum requirement to prevent class certification.
Overall the judge seemed sympathetic to our cause, just that he is very reluctant to interfer in the running of INS and he wants to prevent giving us a "hydrolic press, to pry open the INS". Sounds fair and pretty smart. Lets hope INS keeps up the approval stream running while he has control over the case.
Quoting the judge:
If it turns out, and it may very well turn out, that the application of Mr. X takes four years, the application of Mr. Y takes one year, the application of Mr. Z takes 30 days, the application of A takes six years, the application of B takes four years and three months, and that there's some rational reason for it, then I don't think you got a class action.
Now we know why INS is trying to adjudicate cases all over the backlog process.
I guess as long as the discovery process goes on, continue to expect 04 cases getting approved with the same regularity as 02/03 cases. What a crock! I guess the only benificiaries will be the 04 cases. But the questions is what will happen if the class action fails? Will INS go back to its sluggish ways? Or will it continue a smattering of cases all over the board just to meet the minimum requirement to prevent class certification.
Overall the judge seemed sympathetic to our cause, just that he is very reluctant to interfer in the running of INS and he wants to prevent giving us a "hydrolic press, to pry open the INS". Sounds fair and pretty smart. Lets hope INS keeps up the approval stream running while he has control over the case.
extra_dry_gin
Registered Users (C)
140_takes_4ever said:
Actually, if you look at the statement, the judge has introduced a caveat, which is if "there's some rational reason". If INS/BCIS/USCIS cannot come up with a rational reason, then we may have grounds for a class action suit.
140_takes_4ever
Registered Users (C)
Actually I have posted a message for Rajiv on this issue, and asked him to find out in Discovery exactly WHY such a descripancy exists. And how it affects class action.
I think judge is not going to allow it to be a "class action". The reason seems to be that he bought the Erb's argument that there are so many different types of people use 485 process to adjust their status. They include family, refugees, employment based, lottery winner... Therefore, "us" don't make a "485 class"...
140_takes_4ever
Registered Users (C)
I think Rajiv made an excellent point with regards to "US", the 485 process is tracked by a single JIT which implies that once your cases gets into the queue there is no distinction made on "How" or "why" it is there, that is the key to class certification, hopefully that will come out in the Discovery. The bigger issue as I have posted above is the fact that there are approvals over the entire spectrum. That shows that everyone does not have the same wait times. Hence are not part of a class.
extra_dry_gin
Registered Users (C)
Yes, but all of them fall under one category, which was duly noted by the judge while responding to Mr. Erb.