Tkacz v. Johnson et al

Filing 16

ORDER Granting 14 Unopposed Motion to Extend Time to File Cross Motions for Summary Judgment. Signed by Magistrate Judge Carl W. Hoffman on 9/2/2014. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

Constantinos Gus Fountas, Esq.
NV Bar No. 10587
3340 Pepper Ln. Ste. 103
Las Vegas, NV 89120
Tel [phone]
Fax [phone]
[e-mail]
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
LAS VEGAS, NEVADA
District Judge: Richard F. Boulware II
)
Jessica Lynn Tkacz,
)
(for USCIS beneficiary Alayne C. Ferreira), )
USCIS A# 086 992 502
)
Case No.: 2:14-cv-00092-RFB-CWH
)
Plaintiff,
)
)
v.
) PLAINTIFF’S UNOPPOSED MOTION
)
Jeh Johnson, Secretary of Department of
) TO CONTINUE DEADLINE TO FILE
Homeland Security;
)
) CROSS MOTIONS FOR SUMMARY
Jeanne Kent replacing Leander Holston,
)
Field Director USCIS, LasVegas ;
) JUDGMENT (First Request)
)
Daniel G. Bogden,
)
U.S. Attorney Nevada
)
)
Defendants
______________________________________)

19
20
21
22

MEMORANDUM OF POINTS AND AUTHORITIES
The Plaintiff, Jessica Lynn Tkacz is a US citizen, filed an I-130 petition with US

23

Citizenship and Immigration Service (USCIS) on behalf of her husband Alayne Ferreira to

24

classify him as the beneficiary of a spousal petition. USCIS denied this petition on the grounds

25

that the beneficiary committed marriage fraud as to his prior marriage. USCIS made an 8 USC
§1154(c); INA §204(c) finding of marriage fraud which bars any subsequent I-130 approval with
1

1

the same beneficiary. A Notice of Intent to Deny was issued on the same day, May 13, 2011. A

2

response was timely filed and USCIS denied the I-130 petition with a finding of INA §204(c)

3

marriage fraud on August 11, 2011. A timely appeal was filed by the petitioner on September 8,

4

2011. The BIA received the appeal from the Las Vegas Field Office on February 16, 2012. The

5

BIA remanded the case on May 24, 2012. The couple had a subsequent USCIS interview on

6

August 30, 2012. A different USCIS officer interviewed the couple and subsequently issued a

7

Notice of Intent to Deny dated October 2, 2012. A timely response was filed on November 1,

8

2012. A Denial Notice was issued again and dated December 7, 2012. A timely appeal was

9

filed on January 4, 2013 at the Las Vegas Field Office. Counsel for the Plaintiff submitted a

10

brief within 30 days and the file was forwarded to the BIA. The BIA denied relief on December

11

20, 2013 and a civil complaint was then timely filed with this court.

12
13
14
15

PLAINTIFF’S UNOPPOSED MOTION TO CONTINUE DEADLINE TO FILE
CROSS MOTIONS FOR SUMMARY JUDGMENT (First Request)

16
17

Plaintiff makes this unopposed motion for a continuance on filing the cross motions for

18

summary judgment. The cross motions for summary judgment are due on September 2, 2014.

19

This is the first request for a motion to continue in this matter. Although LR 26-4 requires a 21

20

day advance notice showing good cause to extend time of an order, unless the moving party can

21

demonstrate excusable neglect. Discovery was not requested in this case as it is an immigration

22

matter and the Defendant complied with providing a complete administrative record.

23
24
25

The reason why Plaintiff is requesting an extension of time within 21 days of the order to
file cross motions for summary judgment is because on July 28, 2014 (36 days before the
deadline to file cross motions for summary judgment) Plaintiff’s counsel made a request to
2

1

Defendant’s counsel if there can be a stipulation as to the major issue on this case and a possible

2

remand for adjudication of the I-130 by USCIS. Plaintiff’s counsel received a reply that

3

Defendant’s counsel was informed that the Defendant will not entertain such request on August

4

27, 2014. Accordingly, because of this most recent response, Plaintiff’s counsel needs more time

5

to file his cross-motion for summary judgment.

6
7
8

This motion is made to possibly limit court costs and time as an agreement will dispose
of this case quickly. It is requested that a modest 14 day extension be granted to allow the
parties to further confer before the filing of the cross motions for summary judgment are due.

9
10
IT IS SO ORDERED:

11
12

________________________________
UNITED STATES DISTRICT JUDGE,
C.W. Hoffman, Jr.
RICHARD F. BOULWARE, II
United States Magistrate Judge
Dated: September 2, 2014.
DATED: ___________________

13
14
15
16
17
18

Dated this 29th Day of August 2014.

19
Respectfully Submitted,
20
/s/ Constantinos Gus Fountas
_____________________________
Constantinos Fountas, Esq.
Nevada Bar. No.: 10587
3340 Pepper Ln. Ste. 103
Las Vegas, NV 89120
Tel [phone]
Fax [phone]
[e-mail]

21
22
23
24
25
3

1
2
3

CERTIFICATE OF SERVICE

4

I, Constantinos Gus Fountas, Esq., Attorney for the Plaintiff, hereby certify that on August 29,

5

2014, I served a copy of the PLAINTIFF’S UNOPPOSED MOTION TO CONTINUE

6
7

DEADLINE TO FILE CROSS MOTIONS FOR SUMMARY JUDGMENT (First Request) by
the District Clerk’s electronic filing system to:

8
Samuel Go, Senior Litigation Counsel, Department of Justice-OIL
9
10
11
12
13

/s/ Constantinos Gus Fountas, Esq.
___________________________
Attorney for Plaintiff

14
15
16
17
18
19
20
21
22
23
24
25
4