Gil et al v. Nielsen et al

Filing 18

ORDER denying 17 Motion for Summary Judgment. Signed by Senior Judge Graham Mullen on 4/1/2019. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-00070-GCM
ROSA GIL
DANTE GIL
ADA ARGUETA,

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Plaintiffs,
v.
LEANDER HOLSTON
KIRSTJEN NIELSEN
FRANCIS CISSNA,

ORDER

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Defendants.

THIS MATTER COMES before this Court on Defendants’ Motion for Summary
Judgment. (Doc. No. 17). This matter arises under 8 U.S.C. §1421(c) which provides that judicial
review “shall be de novo, and the court shall make its own findings of fact and conclusions of law
and shall, at the request of the petitioner, conduct a hearing de novo on the application.” 8 U.S.C.
§1421(c). The Court finds that deciding the Motion for Summary Judgment on the papers would
be inconsistent with the statutory procedural requirements. As such, the Court DENIES
Defendants’ Motion for Summary Judgment. The Court will hold a de novo hearing in this matter
on April 2, 2019 at 2:00 p.m. After the hearing, the Court will make appropriate findings of fact
and conclusions of law as required by statute.
SO ORDERED.
Signed: April 1, 2019

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