TSC is waiting for 2nd memo to implement the 1st.

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Dear Editor:
The following two orders, Shirmohamadali, et. al, v. Heinauer, et al., No. CIV S-07-1073 DAD, dated Feb. 5, 2008 and Feb. 22, 2008 1) denying the government's motion to dismiss and 2) order granting plaintiff’s motion for summary judgment. I think it is significant that the judge granted the motion despite the new memo re FBI checks. I argued that waiting for implementation of the memo would just be trading one backlog for another, since the new memo affected tens of thousands of pending cases. We had a first hearing on the MSJ on February 8. At that time, the judge gave the government two weeks to process the case under the new memo, but they did not do it. The AUSA stated that the Texas Service Center was waiting for a second memo to implement the first memo. This shows that at least some judges will still order mandamus relief despite the new policy.


Kip Evan Steinberg, Esq.
San Rafael, CA

所有跟帖： 

• Also see my old paste -quancheng88- ♀ (203 bytes) () 02/26/2008 postreply 15:09:15

• After they get 2nd memo, they will wait for -quancheng88- ♀ (103 bytes) () 02/26/2008 postreply 15:13:48

• 哎，幹著急。 -qingbangmang- ♀ (0 bytes) () 02/26/2008 postreply 19:40:57