September 21, 2009 - Another round of justice in Texas! The federal court in Texas ordered the unlawful denial of Mrs. Hanford's adjustment of status set aside, ruling that she meets the qualifications of the statute. The automatic denial policies, as applied to K-1 spouses who marry their petitioning spouse and properly file for adjustment of status, are illegal.
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Hanford Order Granting Summary Judgment |
June 16, 2009 - The Court DENIED the government's Motion to Dismiss, and instructed the government to respond to plaintiff's Motion for Summary Judgment within 10 days of the Court's Order.
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Hanford Order Denying Motion to Dismiss |
January 26, 2009 - Mrs. Hanford, through counsel, filed a surreply to DHS' reply brief, addressing an issue that was raised for the first time, pursuant to court permission. Additionally, following the Third Circuit ruling in Robinson v. Chertoff on February 2, 2009, the Government submitted the ruling in support of their position. The parties now await the Court's ruling.
January 21, 2009 - The Government Replied to the Response to Motion to Dismiss, further arguing their position and raising additional issues.
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Hanford v. Chertoff Surreply |
Hanford v. Chertoff Reply |
December 24, 2008 - Mrs. Hanford responded to the Motion to Dismiss today, following a ruling from the Court which stays Defendants' required response to her Motion for Summary Judgment until the Motion to Dismiss is Decided.
December 19, 2008 - Department of Homeland Security filed a motion to dismiss the case, arguing that their delay in adjudicating Mrs. Hanford's adjustment of status application should strip her of her status, even though she followed all the rules set out in the statute.
December 16, 2008 - Plaintiff Gwendolyn Hanford, now represented in the lawsuit by SSAD Pro Bono Counsel Brent Renison, filed a Motion for Summary Judgment, requesting judgment in her favor as a matter of law. Mrs. Hanford entered the U.S. legally as a K-1 fiancee of a citizen, married her husband within the required 90 days, and filed for adjustment of status to lawful permanent resident. Upon the death of her husband while the bureaucracy had yet to reach her application, immigration authorities automatically denied her application stating she was no longer the spouse of an American
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Hanford v. Chertoff Response to Motion to Dismiss |
Hanford v. Chertoff Motion to Dismiss |
Hanford v. Chertoff Motion for Summary Judgment |
September 25, 2008 - Mrs. Gwendolyn Naag Hanford, the surviving spouse of American citizen Stewart Allen Hanford, filed a federal lawsuit in Texas challenging USCIS' automatic termination of her residency application. The case is Hanford v. Chertoff, Civ. No. SA-08-CA-0795XR (W.D. Texas, Sept. 25, 2008)
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Hanford v. Chertoff Complaint |
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