Kamal v. Gonzales
Mar 03, 2008OUTCOME: Ruling for Plaintiff
Kamal v. Gonzales, 547 F. Supp. 2d 869 (N.D. IL 2008) (denying defendants' motion to dismiss plaintiff's mandamus action to adjudicate an adjustment of status application).
Chicago, IL
Immigration Lawyer at Chicago, IL
Practice Areas: Immigration
OUTCOME: Ruling for Plaintiff
Kamal v. Gonzales, 547 F. Supp. 2d 869 (N.D. IL 2008) (denying defendants' motion to dismiss plaintiff's mandamus action to adjudicate an adjustment of status application).
OUTCOME: Court denies government's motion to dismiss
The government denied the plaintiff's wife's I-130 visa petition alleging that a previous marriage was a sham. The government moved to dismiss the lawsuit on the grounds that the court lacked jurisdic ... tion and the plaintiff failed to exhaust his administrative remedies. The court upheld the lawsuit, finding that the allegations that the government coerced the plaintiff's first wife into withdrawing her visa petition and making incriminating statements were sufficient to state a reason for the court to review the case, and the plaintiff was not required to take an administrative appeal before bringing his case in federal court.
OUTCOME: Order grants attorneys fees & costs
Kholyasvsky v. Schlecht et al., 479 F. Supp. 2d 897 (E.D. WI 2007) (granting EAJA fees and costs in the amount of $ 22, 927.60, and holding that the “catalyst theory” still applies to immigration habe ... as actions).
OUTCOME: Ruling for Plaintiff
Meraz v. Comfort, 2006 U.S. Dist. LEXIS 19591 (N.D. IL March 9, 2006) (denying government's motion to dismiss complaint for judicial naturalization under 8 U.S.C. § 1447(b)- court retains jurisdiction ... even after government initiates removal proceedings).
OUTCOME: Ruling for the petitioner
Morales-Morales v. Ashcroft, 384 F.3d 418 (7th Cir. 2004) (reversing denial of cancellation of removal, upholding jurisdiction, finding continuous residence under the statute, and remanding to Board of ... Immigration Appeals)