The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
SCHEDULING CONFERENCE ORDER Cross-Motions for Summary Judgment Filing Deadline: 5/28/10 Oppositions Thereto Filing Deadline: 7/2/10
Date of Scheduling Conference. February 12, 2010.
Replies Filing Deadline: 7/19/10 Cross-Motions for Summary Judgment Hearing Date: 8/23/10 10:00 Ctrm. 3 Settlement Conference Date: None Pre-Trial Conference Date: 9/27/10 11:00 Ctrm. 3 Trial Date: 11/16/10 9:00 Ctrm. 3 (CT-1 day)
1. This is an immigration case in which Plaintiff challenges the denial of his I-130 visa petitions by U.S. Citizenship and Immigration Services ("USCIS"). Plaintiff asks this Court to vacate and reverse USCIS's finding that Plaintiff is subject to Immigration and Nationality Act § 204(c), 8 U.S.C. § 1154(c).
II. Orders Re Amendments To Pleadings.
1. The parties do not anticipate amending the pleadings at this time.
A. Admitted Facts Which Are Deemed Proven Without Further Proceedings.
1. Plaintiff, Sarabjit Guron, is a native and citizen of India.
2. Guron married his first wife, Ana Bonilla, on June 12, 1984.
3. Ms. Bonilla filed an I-130 visa petition on his behalf, seeking to classify him as an immediate relative of a United States citizen.
4. On April 22, 1987, the former INS denied the petition, finding that discrepancies in the couple's testimony during an interview made it appear that the marriage was one of convenience and entered into solely for the purpose of gaining immigration benefits.
5. Ms. Bonilla appealed this denial and the former INS reopened the I-130 petition.
1. Whether the former INS provided adequate notice of an intent to deny the reopened I-130 petition.
2. Whether substantial and probative evidence exists that Mr. Guron entered into his marriage to Ms. Bonilla solely for an immigration benefit.
1. Jurisdiction exists under 28 U.S.C. § 1331 and 8 U.S.C. § 1001, et seq.
2. Venue is proper under 28 U.S.C. § 1391.
3. The applicable federal law is the Immigration and Nationality Act, 8 U.S.C. ...