| Taing v. Chertoff Litigation |
May 20, 2009 - Joining the Sixth and Ninth Circuits, the First Circuit Court of Appeals strikes down the widow penalty! This creates a 3 to 1 Circuit Split, which may be resolved if the Supreme Court decides to review the flawed Robinson opinion from the Third Circuit.
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Taing v. Napolitano Opinion |
| Ms. Neang Chea Taing, a Cambodian Citizen born in Cambodia came legally to the United States on June 17, 2004. She subsequently fell in love and on October 4, 2004, married Mr. Tecumsen Chip Taing, a Naturalized US Citizen of Cambodian heritage. In December 2004, Mr. Taing filed a Visa Petition for his wife, and Ms. Taing filed an adjustment application and a request for a work authorization. The USCIS, based upon her applications, approved her application for work authorization and issued a work authorization card. On July 2, 2005, Mr. Taing suddenly died of a stroke. The couple had resided together in Lowell Massachusetts from their marriage until Mr. Taing’s death. Ms. Taing’s husband died 6 months after the proper filing of applications based on an “Immediately Available” visa.
On September 13, 2005, the Government issued a notice for Ms. Taing and her now deceased husband to attend an interview on their applications and scheduled that interview for October 13, 2005. Ms. Taing appeared for the interview, without her husband. The Petition for a visa [I-130] and application for adjustment to status of a Lawful Permanent Resident [I-485] were denied on October 26, 2005, about 2 weeks after the date of the interview. On April 10, 2006, the Department of Homeland Security mailed Ms. Taing a Notice to Appear in Immigration Court charging her with being a Visa Overstay, and subjecting her to deportation proceedings. The Charging Document makes no mention of her applications for permanent status in the United States.
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October 10, 2008 Tom Stylianos argued the case before three Judges of the U.S. First Circuit Court of Appeals. The parties await a ruling from the Court. You can access the Oral Argument Online as an MP3 Recording!
July 30, 2008 - Tom Stylianos, Mrs. Taing's attorney, filed a Response Brief in the U.S. First Circuit Court of Appeals arguing that the decision of the District Court should be upheld.
May 9, 2008 - DHS filed its opening brief, arguing that the decision of the District Court, holding Mrs. Taing was not stripped of the status of spouse, should be overturned and Mrs. Taing should face automatic denial due to her husband's death.
February 11, 2008 - After compounding the loss of Mrs. Taing following the death of her husband by denying her adjustment of status, USCIS has dealt another blow by appealing the victory in her federal court case. The appeal will go to the United States First Circuit Court of Appeals. The decision should now be cited as Taing v. Chertoff, No. 07-10499, 2007 U.S. Dist. LEXIS 91411 (D. Mass. Dec. 12, 2007), appeal docketed, No. 08-1179 (1st Cir. Feb. 11, 2008).
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DHS Brief Taing |
Taing Response Brief |
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Victory!!!
December 12, 2007 - The U.S. District Court in Massachusetts has ORDERED another round of justice! Read the wonderful opinion from Judge William G. Young! Congratulations to Tom Stylianos for litigating the case to successful conclusion! The government, of course, has 60 days to decide whether to appeal, but the court had strong language in the order suggesting the government DO THE RIGHT THING!!! Let Mrs. Taing recover some normalcy in her life after her husband died and she was placed in deportation proceedings!!!
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Taing v. Chertoff ORDER |
The government has requested until August 2, 2007 to file a motion to dismiss the case. Seems the case is following the same route as the Robinson v. Chertoff case.
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Time Extension Agreement |
August 2, 2007 - The government, through its attorney Mark T. Quinlivan, Assistant U.S. Attorney, has filed its motion to dismiss Mrs. Taing's case, just as they did in the Robinson case in New Jersey. Why is the government wasting our tax dollars on efforts to deport grieving widows of U.S. citizens? Ask your Senator or Congressperson to investigate!
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Government Motion to Dismiss |
August 27, 2007 - Tom Stylianos filed a Memorandum in Opposition to the government's Motion to Dismiss. A hearing on the Motion has now been set in Boston at the United States District Court on October 16, 2007 at 2:00 p.m. in Courtroom 18 before Judge William G. Young.
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Memorandum in Opposition to Government Motion to Dismiss |
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