Letters
Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.
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
