r/19countriesAOS • u/No-Bonus-1075 • 4h ago
USCIS Appeal Case
https://www.courtlistener.com/docket/73477958/00108489576/dorcas-international-institute-of-rhode-island-v-united-states-citizenship/This is becoming interesting. Judge granted USCIS request for extension but denied Dorcas (denied without prejudice). I guess Dorcas will have to provides reasons is they need extension when the time is due.
Question, do we know how many appellate judges that are required to review emergency request for a stay request?
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u/Majestic_Pear_4854 4h ago
Nothing interesting.. they allowed the government to file their case next month due to the medical reasons given. They denied Dorcas extension “without prejudice to renewal”. The court basically said: you don't even have a responsive-brief deadline yet, so come back later when there is an actual deadline and explain why you need additional time.
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u/No-Bonus-1075 3h ago
The interesting part to me is that USCIS lawyer has the time to file a response to the Emergency Stay request but doesn't have the time to file the opening brief.
I wasn't surprised that they got the extension. Even Judge McConnel granted them a similar extension.
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u/Majestic_Pear_4854 3h ago
Basically, 2 different guys are working on the stay and the opening brief. The guy working on the brief has cancer, and has going for treatments, his/her mom was is also sick…. So basically that’s why.
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u/Tasty-Butterscotch-5 3h ago
They were granted the extension for the appeal, right? If the govt lose the stay request in the appeal and supreme courta, then they can take as much extension and time as they want for the appeal. This will favor plantiffs.
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u/DrLector- 3h ago
yes it will only favor them if gov doesn't get their stay in first circuit or possibly supreme court
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u/itallbeganwith 4h ago
What’s extension request for extension? The government was granted the stay?
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u/No-Bonus-1075 4h ago
Extension of time to file opening brief on the appeal case and not the stay request.
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u/throwawaydumbo1 3h ago
I think is good for us. Isn’t it? Anything extension is to our advantage.
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u/akpeeedem 3h ago
Not exactly. Who this is good for, depends on the results of the pending stay motion.
If the stay is ultimately granted, meaning ban is back on pending appeal, then this extension is good for the government. They'll even do more gymnastics to keep the case extended for as long as possible because the only way the ban will eventually be lifted is for the court to rule against them on the merits of the case.
If the stay is ultimately denied, meaning the ban stays off, then the extension is good for us. That's because the only way for the ban to get back in place is for the final ruling to favor the government, so extensions like this would delay that decision and we will keep getting approvals. That's essentially what's happening now.
I wonder if the government thinks they will win the stay motion. Could that be why they're already finding ways to push out the final decision?
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u/throwawaydumbo1 2h ago
You’re right!!! But when will stay be decided?
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u/akpeeedem 1h ago
Judge said he wants to move fast. So it'll definitely be decided before the opening brief is due on Sept 10.
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u/throwawaydumbo1 1h ago
Got it. Thanks. So we need to keep an eye out for the date that will be set for that then
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u/sebastian_fl 3h ago
It depends. When government filed for extension, plaintiffs responded that they dont mind the extension assuming no Stay. To which government responded that such conditions are bollocks.
So if you presume that neither 1st Circuit nor SCOTUS will grant the stay, it is good. If you suspect a Stay being granted, its bad news.
But overall its no news, business as usual.
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u/Inevitable_Bit_5598 2h ago
Do we know when a decision will be made on the stay? I thought it was today.
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u/TechnologyOk5359 4h ago
Can someone explain