Fatty v. Duke et al

Filing 22

ORDER directing Government to file a supplemental brief by 3/9/2018; Petitioner's supplemental response due 3/16/2018; Government's supplemental reply due 3/23/2018. Petitioner's 20 Motion to supplement the administrative record is granted. Government's 5 MOTION to Dismiss is re-noted for 3/23/2018. Signed by Hon. Brian A Tsuchida. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BANGALLY FATTY,
Petitioner,

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v.
ELAINE DUKE, et al.,

ORDER DIRECTING
SUPPLEMENTAL BRIEFING AND
GRANTING UNOPPOSED MOTION
TO SUPPLEMENT THE RECORD

Respondents.

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CASE NO. C17-1535-MJP-BAT

Having considered the pending motions and the balance of the record, the Court

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ORDERS:

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(1)

The Government’s motion to dismiss argues the Court does not have jurisdiction

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to consider Mr. Fatty’s claim that he has a due process right to adjudication of his pending T visa

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application, and that even if the Court does have jurisdiction, Mr. Fatty has not been denied a

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meaningful opportunity to be heard. The parties’ briefing, however, does not address the

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threshold requirement of a due process claim: a protected liberty or property interest. See Ching

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v. Mayorkas, 725 F.3d 1149, 1155 (9th Cir. 2013). By March 9, 2018, the Government shall file

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a supplemental brief that addresses whether Mr. Fatty has asserted a protected liberty or property

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interest. By March 16, 2018, Mr. Fatty shall file a supplemental response. The Government

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may file a supplemental reply by March 23, 2018.
ORDER DIRECTING SUPPLEMENTAL
BRIEFING AND GRANTING UNOPPOSED
MOTION TO SUPPLEMENT THE RECORD 1

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(2)

Mr. Fatty’s motion to supplement the administrative record, which is unopposed,

is GRANTED. Dkt. 20.
(3)

The Clerk is directed to RE-NOTE the Government’s motion to dismiss, Dkt. 14,

for March 23, 2018.
DATED this 23rd day of February, 2018.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER DIRECTING SUPPLEMENTAL
BRIEFING AND GRANTING UNOPPOSED
MOTION TO SUPPLEMENT THE RECORD 2