Irish Help at Home LLC. et al v. Melville et al

Filing 34

ORDER re: preparation for hearing on cross-motions for summary judgment. Signed by Judge Maria-Elena James on January 21, 2015. (mejlc2S, COURT STAFF) (Filed on 1/21/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IRISH HELP AT HOME LLC., et al.,

Case No. 13-cv-00943-MEJ

Plaintiffs,
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ORDER IN PREPARATION FOR
HEARING ON CROSS-MOTIONS FOR
SUMMARY JUDGMENT

v.
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ROSEMARY MELVILLE, et al.,

Re: Dkt. Nos. 28. 29

Defendants.

United States District Court
Northern District of California

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On January 22, 2015, the Court will hear the parties’ arguments on their cross-motions for

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summary judgment. Dkt. Nos. 28 & 29. The parties should come prepared to discuss and present

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authority in support of their positions related to the following topics:

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1) Whether the United States Citizenship and Immigration Service (“USCIS”) considered the

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letter from the California Association for Health Services at Home, stating that “it is a

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general prerequisite, that a position of this kind [the deputy controller position] be filled

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with a possessor of a four year Bachelor’s degree in Financing.” Admin. R. 322. If not,

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what is the impact of USCIS’s failure to consider this evidence?

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2) Whether the submission of the beneficiary’s academic records was mandatory under

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8 C.F.R. § 214.2(h)(4)(iv), and whether Plaintiffs’ failure to submit those records

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necessarily requires the denial of their petition.

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3) Whether 5 U.S.C. § 704 or another authority permits the Court to review USCIS’s
procedural actions, including its choice to not to issue a Request for Evidence of the

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beneficiary’s academic records.

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4) Whether the document “SUBJECT: Requests for Evidence and Notices of Intent to Deny,

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2013 WL 2729808,” a June 3, 2013 USCIS Policy Memorandum, provides any authority

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in interpreting 8 C.F.R. § 103.2(b)(8).

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5) Whether the Court may remand this matter to USCIS for consideration of evidentiary
issues or other matters.

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United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: January 21, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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