Filed: Feb. 23, 2018
Latest Update: Feb. 23, 2018
Summary: ORDER DIRECTING SUPPLEMENTAL BRIEFING AND GRANTING UNOPPOSED MOTION TO SUPPLEMENT THE RECORD BRIAN A. TSUCHIDA , Magistrate Judge . Having considered the pending motions and the balance of the record, the Court ORDERS: (1) The Government's motion to dismiss argues the Court does not have jurisdiction to consider Mr. Fatty's claim that he has a due process right to adjudication of his pending T visa application, and that even if the Court does have jurisdiction, Mr. Fatty has not been den
Summary: ORDER DIRECTING SUPPLEMENTAL BRIEFING AND GRANTING UNOPPOSED MOTION TO SUPPLEMENT THE RECORD BRIAN A. TSUCHIDA , Magistrate Judge . Having considered the pending motions and the balance of the record, the Court ORDERS: (1) The Government's motion to dismiss argues the Court does not have jurisdiction to consider Mr. Fatty's claim that he has a due process right to adjudication of his pending T visa application, and that even if the Court does have jurisdiction, Mr. Fatty has not been deni..
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ORDER DIRECTING SUPPLEMENTAL BRIEFING AND GRANTING UNOPPOSED MOTION TO SUPPLEMENT THE RECORD
BRIAN A. TSUCHIDA, Magistrate Judge.
Having considered the pending motions and the balance of the record, the Court ORDERS:
(1) The Government's motion to dismiss argues the Court does not have jurisdiction to consider Mr. Fatty's claim that he has a due process right to adjudication of his pending T visa application, and that even if the Court does have jurisdiction, Mr. Fatty has not been denied a meaningful opportunity to be heard. The parties' briefing, however, does not address the threshold requirement of a due process claim: a protected liberty or property interest. See Ching v. Mayorkas, 725 F.3d 1149, 1155 (9th Cir. 2013). By March 9, 2018, the Government shall file a supplemental brief that addresses whether Mr. Fatty has asserted a protected liberty or property interest. By March 16, 2018, Mr. Fatty shall file a supplemental response. The Government may file a supplemental reply by March 23, 2018.
(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.
