Atieh et al v. Riordan et al

Filing 17

Judge Rya W. Zobel: ORDER entered granting 16 Motion to Amend;any additional filings by defendant on or before 12/21/11; plaintiff 1/11/12; The Court will decide on the papers. (Urso, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 09-10977-RWZ
RANIAH FATHI ATIEH
and FUAD FAROUQ ATIEH
v.
DENIS RIORDAN, et al.

ORDER
November 30, 2011
ZOBEL, D.J.

On December 6, 2007, the United States Citizenship and Immigration Service
(“USCIS) denied a petition for adjustment of status (“I-130") filed by Raniah Fathi Atieh
on behalf of her husband, Fuad Farouq Atieh. It concluded that he was not eligible for
the relief requested because petitioner had failed to prove that his earlier arranged
marriage to his first cousin had been bona fide and that he had not entered that
marriage to evade immigration laws. Plaintiffs brought this action for a declaratory
judgment that the denial was unlawful. Defendants filed a motion to dismiss for lack of
jurisdiction which the court held in abeyance until defendants acted on petitioners’
second I-130 petition. That petition was denied by the Boston Field Office Director and
upheld on appeal to the Board of Immigration Appeals. Plaintiffs now seek to amend
their complaint to include the second decision and reactivate the case (Docket #16).
The motion is allowed.

As noted, defendants had moved to dismiss the initial complaint. They are
granted leave to supplement their moving papers in light of the intervening
administrative action and amended complaint and shall file such supplementary
documentation on or before December 21, 2011. Plaintiffs may file any further
opposition by January 11, 2012. The court will decide the matter on the papers.

November 30, 2011
DATE

/s/Rya W. Zobel
RYA W. ZOBEL
UNITED STATES DISTRICT JUDGE

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