IMBRA

[LibCampFireClub 635]

A US Federal Court just issued a restraining order regarding IMBRA. Not surprising as the whole thing violates civil rights...

http://www.online-dating-rights.com/pdf/TRO.pdf

[Ladylethal 12]

What effect will that have on the pending cases?

Also, isn´t that from a while ago, being one of those we had heard about already?

[rlt 0]

A US Federal Court just issued a restraining order regarding IMBRA. Not surprising as the whole thing violates civil rights...

http://www.online-dating-rights.com/pdf/TRO.pdf

If people start fighting about the law itself it´s gonna take much longer for the USCIS to receive instructions on how to proceede.

Not saying it would be wrong, though.

[GaryC 7]

Thats right, the USCIS is likely gonna just sit back and see how the challenges go. The whole time the clock will be ticking against us.

[Yodrak 7]

So, European Connections and Tours can continue to make contact information of its foreign clients available to its US clients without first having obtained and provided the US client's background information to the foreign clients?

I wonder what the impact will be on those clients if IMBRA does not ultimately get thrown out in its entirety...

I also wonder what the immediate impact is on other IMBs - does the restraining order apply to them as well. or do they each have to go to court to get their own individual restraining orders?

Yodrak

A US Federal Court just issued a restraining order regarding IMBRA. Not surprising as the whole thing violates civil rights...

http://www.online-dating-rights.com/pdf/TRO.pdf

[Ladylethal 12]

I think that the decision will affect European Connections and Tours only.

[aussiewench 9]

It wasnt just issued though.....that was back in early March.

Updates on that particular case..

UPDATE MARCH 23, 2006

The Court's Hearing on Preliminary Injunction scheduled on March 20, 2006 was postponed by the Court at the request of the Government (Defense Counsel) with the consent of Plaintiff to the new date of April 03, 2006 at 9:30 AM. Defense Counsel had failed to file with the Court Clerk an "Entry of Appearance", and thus was not provided notice of the hearing date by the Clerk's Office. On March 22, 2006, the Government, through Assistant U.S. Attorney Alonzo Long, filed an "Entry of Appearance" with the Court Clerk's Office. The Temporary Restraining Order (TRO) will continue, by consent of the parties, until April 03, 2006. Per Order of Cooper, D.J., March 22, 2006.

UPDATE APRIL 05, 2006

OFFICIAL STATUS OF EC CASE ON THE PUBLIC DOCKET OF THE COURT CLERK'S OFFICE

Minute Entry for Proceedings held before Judge Clarence Cooper: Preliminary Injunction Hearing held on 4/3/2006. Witnesses sworn; Exhibits admitted; Court took motion under advisement, Parties to submit proposed findings as to their respective positions by 4/24/06. Parties to agree to extend the TRO until Court rules on the Preliminary Injunction. Court consolidated the Preliminary Injunction hearing with the trial on the merits. (Court Reporter: Entered: 04/05/2006)

NOTE FROM GB: A DECISION IS NOT EXPECTED UNTIL AFTER 04/24/06.

As petitions have been recalled it would seem that as soon as the case was heard, regardless of outcome the temporary restraining order would of been lifted.

Does anyone know the actual outcome of it?

[Yodrak 7]

Luis&Laura,

My guess is, and it's pure speculation - none.

I'm wondering if the current problem has nothing to do with the IMB part of IMBRA. I'm wondering if the current issue is a failure to determine if the petitioners since March 6 have 2 or more prior petitions, and if so has the proper amount of time lapsed since the last petition.

Yodrak

What effect will that have on the pending cases?

A US Federal Court just issued a restraining order regarding IMBRA. Not surprising as the whole thing violates civil rights...

[rlt 0]

It wasnt just issued though.....that was back in early March.

Updates on that particular case..

UPDATE MARCH 23, 2006

The Court's Hearing on Preliminary Injunction scheduled on March 20, 2006 was postponed by the Court at the request of the Government (Defense Counsel) with the consent of Plaintiff to the new date of April 03, 2006 at 9:30 AM. Defense Counsel had failed to file with the Court Clerk an "Entry of Appearance", and thus was not provided notice of the hearing date by the Clerk's Office. On March 22, 2006, the Government, through Assistant U.S. Attorney Alonzo Long, filed an "Entry of Appearance" with the Court Clerk's Office. The Temporary Restraining Order (TRO) will continue, by consent of the parties, until April 03, 2006. Per Order of Cooper, D.J., March 22, 2006.

UPDATE APRIL 05, 2006

OFFICIAL STATUS OF EC CASE ON THE PUBLIC DOCKET OF THE COURT CLERK'S OFFICE

Minute Entry for Proceedings held before Judge Clarence Cooper: Preliminary Injunction Hearing held on 4/3/2006. Witnesses sworn; Exhibits admitted; Court took motion under advisement, Parties to submit proposed findings as to their respective positions by 4/24/06. Parties to agree to extend the TRO until Court rules on the Preliminary Injunction. Court consolidated the Preliminary Injunction hearing with the trial on the merits. (Court Reporter: Entered: 04/05/2006)

NOTE FROM GB: A DECISION IS NOT EXPECTED UNTIL AFTER 04/24/06.

As petitions have been recalled it would seem that as soon as the case was heard, regardless of outcome the temporary restraining order would of been lifted.

Does anyone know the actual outcome of it?

A the petitions were recalled after the outcome, I think the IMBRA law has passed.

---

I also think that might be just a request that USCIS failed to ask all petitioners.

But at the same time, as they are not saying anything about it, neither updating cases dated after March 6th (as they say they are on their processing dates), it could be something huge, like they don´t know what to do.

Otherwise, why wouldn´t they say something about it?

[LibCampFireClub 635]

It wasnt just issued though.....that was back in early March.

Updates on that particular case..

UPDATE MARCH 23, 2006

The Court's Hearing on Preliminary Injunction scheduled on March 20, 2006 was postponed by the Court at the request of the Government (Defense Counsel) with the consent of Plaintiff to the new date of April 03, 2006 at 9:30 AM. Defense Counsel had failed to file with the Court Clerk an "Entry of Appearance", and thus was not provided notice of the hearing date by the Clerk's Office. On March 22, 2006, the Government, through Assistant U.S. Attorney Alonzo Long, filed an "Entry of Appearance" with the Court Clerk's Office. The Temporary Restraining Order (TRO) will continue, by consent of the parties, until April 03, 2006. Per Order of Cooper, D.J., March 22, 2006.

UPDATE APRIL 05, 2006

OFFICIAL STATUS OF EC CASE ON THE PUBLIC DOCKET OF THE COURT CLERK'S OFFICE

Minute Entry for Proceedings held before Judge Clarence Cooper: Preliminary Injunction Hearing held on 4/3/2006. Witnesses sworn; Exhibits admitted; Court took motion under advisement, Parties to submit proposed findings as to their respective positions by 4/24/06. Parties to agree to extend the TRO until Court rules on the Preliminary Injunction. Court consolidated the Preliminary Injunction hearing with the trial on the merits. (Court Reporter: Entered: 04/05/2006)

NOTE FROM GB: A DECISION IS NOT EXPECTED UNTIL AFTER 04/24/06.

As petitions have been recalled it would seem that as soon as the case was heard, regardless of outcome the temporary restraining order would of been lifted.

Does anyone know the actual outcome of it?

A the petitions were recalled after the outcome, I think the IMBRA law has passed.

---

I also think that might be just a request that USCIS failed to ask all petitioners.

But at the same time, as they are not saying anything about it, neither updating cases dated after March 6th (as they say they are on their processing dates), it could be something huge, like they don´t know what to do.

Otherwise, why wouldn´t they say something about it?

"They," meaning the House and Senate are busy in Washington with scandles and other immigration issues right now so this thing is flying under the radar........................for now.

The law was indeed signed in January, and become effective March 6, 2006. This restraining order however went effective March 7, 2006 on the grounds of constititional violation. The honorable Alberto must respond to this restraining order, not only on behalf of the plaintiff, but all those who are similarly affected; which is everyone whose K1 petition was received at the USCIS after March 5th, 2006.

Will there be an immediate cease and desist? NOPE. They will continue as if the order was not filed until given an order from Washington to stop. This will likely go to the Supreme Court, as it needs to. It's a stupid law, and violates everything sacred to Americans.

This is only the opening salvo, with more to quickly follow. Unfortunately, this will likely take a long time to resolve.....

[rlt 0]

It wasnt just issued though.....that was back in early March.

Updates on that particular case..

UPDATE MARCH 23, 2006

The Court's Hearing on Preliminary Injunction scheduled on March 20, 2006 was postponed by the Court at the request of the Government (Defense Counsel) with the consent of Plaintiff to the new date of April 03, 2006 at 9:30 AM. Defense Counsel had failed to file with the Court Clerk an "Entry of Appearance", and thus was not provided notice of the hearing date by the Clerk's Office. On March 22, 2006, the Government, through Assistant U.S. Attorney Alonzo Long, filed an "Entry of Appearance" with the Court Clerk's Office. The Temporary Restraining Order (TRO) will continue, by consent of the parties, until April 03, 2006. Per Order of Cooper, D.J., March 22, 2006.

UPDATE APRIL 05, 2006

OFFICIAL STATUS OF EC CASE ON THE PUBLIC DOCKET OF THE COURT CLERK'S OFFICE

Minute Entry for Proceedings held before Judge Clarence Cooper: Preliminary Injunction Hearing held on 4/3/2006. Witnesses sworn; Exhibits admitted; Court took motion under advisement, Parties to submit proposed findings as to their respective positions by 4/24/06. Parties to agree to extend the TRO until Court rules on the Preliminary Injunction. Court consolidated the Preliminary Injunction hearing with the trial on the merits. (Court Reporter: Entered: 04/05/2006)

NOTE FROM GB: A DECISION IS NOT EXPECTED UNTIL AFTER 04/24/06.

As petitions have been recalled it would seem that as soon as the case was heard, regardless of outcome the temporary restraining order would of been lifted.

Does anyone know the actual outcome of it?

A the petitions were recalled after the outcome, I think the IMBRA law has passed.

---

I also think that might be just a request that USCIS failed to ask all petitioners.

But at the same time, as they are not saying anything about it, neither updating cases dated after March 6th (as they say they are on their processing dates), it could be something huge, like they don´t know what to do.

Otherwise, why wouldn´t they say something about it?

"They," meaning the House and Senate are busy in Washington with scandles and other immigration issues right now so this thing is flying under the radar........................for now.

The law was indeed signed in January, and become effective March 6, 2006. This restraining order however went effective March 7, 2006 on the grounds of constititional violation. The honorable Alberto must respond to this restraining order, not only on behalf of the plaintiff, but all those who are similarly affected; which is everyone whose K1 petition was received at the USCIS after March 5th, 2006.

Will there be an immediate cease and desist? NOPE. They will continue as if the order was not filed until given an order from Washington to stop. This will likely go to the Supreme Court, as it needs to. It's a stupid law, and violates everything sacred to Americans.

This is only the opening salvo, with more to quickly follow. Unfortunately, this will likely take a long time to resolve.....

That miht be true.

I just desagree that because Washington is busy, this matter will be left somewhere until they solve all other cases.

People have meetings everyday about different subjects.

This might take a while, but it can also be resolved soon.

[aussiewench 9]

fitnlivly

It was a temporary restraining order which is now obviously no longer in effect. The temporary restraining order would of only been in effect until the court ruled and that was expected after the 04/24/06. The temporary restraining order is possibly the reason why so many petitions where approved after 03/06/06 as the service centers was operating business as usual with no directives to do otherwise until they were legally able to do so.

[rlt 0]

fitnlivly

It was a temporary restraining order which is now obviously no longer in effect. The temporary restraining order would of only been in effect until the court ruled and that was expected after the 04/24/06. The temporary restraining order is possibly the reason why so many petitions where approved after 03/06/06 as the service centers was operating business as usual with no directives to do otherwise until they were legally able to do so.

Dunno.

They said they were approved in error.

[nannygirl82 0]

this might be a dumb question...and forgive me if it is....but if it was a restraining order...why would they have to go all the way back to march...why not start the whole additional security check when the restraining order expired?

[Pete 0]

AussieWench is correct, this is old news.

That restraining order is not helping those of use caught in USCIS and DHS meatgrinder.

Please take advantage of Gary Bala's (an immigration atty) fine blog for updates:

http://usaimmigrationattorney.com/nucleus/index.php?itemid=2

Scroll to the bottom for the latest. The "Highlighted" posts are his.

Today I contacted Senator Feinstein and Senator Boxer from my state, and registered my views on the visa approval process being placed into reverse by the USCIS and DHS incompetance. Yesterday I requested a personal meeting with my Congressman to express my displeasure with how USCIS and DHS is managed.

If you have not contacted your Congresspeople and Senators, why haven't you? You have no excuse unless you just enjoy participating in a f*ed up process. The longer you are "quiet" and "hoping" and "praying" like good sheep, the worse it will get. Reap what you sow, action begets action.

Here is a very simple site that tells you exactly how to make contact: http://www.visi.com/juan/congress/ Do it. Do it NOW.