NAJAFI V. POMPEO (CAND CASE # 4:19-cv-05782)

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ABOUT THE CASE

In Najafi v. Pompeo, Iranian American families are challenging the U.S. Government’s designation of the authority and discretion to approve case-by-case waivers to individual consular officers to consular managers, visa chiefs, consular section chiefs, consular management, the Visa Office, and Quality Support, Inc. contractors, which is unlawful under Presidential Proclamation 9645, §3(C) ("PP 9645"). 


Plaintiffs in this action are U.S. citizens, Legal Permanent Residents, and their Iranian national immediate relatives who are immigrant visa applicants that have been denied timely adjudication of case-by-case PP 9645 waivers as a result of the State Department's usurpation of consular officer authority and discretion.


Upcoming hearing:

What: TBD 

When:  TBD (next hearing expected to be in late May 2020)

Where: Oakland Courthouse, Courtroom 3, 3rd Floor,
1301 Clay Street, Oakland, CA 9461

Before: U.S. Magistrate Judge Kandis A. Westmore


The Iranian American families are represented by Curtis Lee Morrison through:


The Law Office of Rafael Ureña

925 N La Brea Ave, 4th Floor

Los Angeles, CA 90038

ru@urenaesq.com

(917) 204-0670


For a free consult, reach Curtis Morrison:

email: curtis@curtismorrisonlaw.com

whatsapp/telegram: @curtisatlaw or +1 714-661-3446

COURT ORDERS AND IMPORTANT FILINGS

MAR. 26, 2020 PLAINTIFFS' AMENDED COMPLAINT WITH EXHIBITS A-E


MAR. 5, 2020 ORDER GRANTING GOVERNMENT'S SECOND MOTION TO DISMISS, GIVING PLAINTIFFS LEAVE TO AMEND COMPLAINT WITHIN 30 DAYS


FEB. 14, 2020 COURT'S RESCHEDULING OF HEARING ON GOVERNMENT'S MOTION TO DISMISS


FEB. 9, 2020 PLAINTIFFS' THIRD NOTICE OF SUPPLEMENTAL AUTHORITY


FEB. 6, 2020 GOVERNMENT'S REPLY IS SUPPORT OF SECOND MOTION TO DISMISS 


JAN. 30, 2020 PLAINTIFFS' NOTICE OF SUPPLEMENTAL AUTHORITY  (Motaghedi v Pompeo  ORDER)


JAN. 27, 2020 CERTIFIED TRANSCRIPT FROM DEC. 3, 2019 HEARING


JAN. 27, 2020 PLAINTIFFS' OPPOSITION TO DEFENDANTS SECOND MOTION TO. DISMISS


JAN. 17, ORDER REGARDING DISCOVERY LETTER; DENYING REQUEST FOR RULE 26(F) CONFERENCE


JAN. 16, 2020 GOVERNMENT'S SECOND MOTION TO DISMISS


JAN. 7, 2020 DEFENDANTS' OPPOSITION TO RULE 26(f) CONFERENCE, ARGUING distress over what will happen to family members in Iran given recent U.S. military action – does not justify dispensing with the judicial efficiencies that would come with deferring a Rule 26(f) conference until after resolution of the motion to dismiss." 


JAN. 3, 2020 PLAINTIFFS' REQUEST FOR RULE 26(f) CONFERENCE


DEC. 11, 2019 FIVE MORE FAMILIES/COUPLES DISMISS THEIR CLAIMS AFTER ISSUANCES OF VISAS 


DEC. 5, 2019 ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION; TERMINATING GOVERNMENTS' MOTION TO DISMISS


DEC. 3, 2019 GOVERNMENT'S OPPOSITION TO PLAINTIFFS' SUBMISSION OF JOEL NANTAIS DECLARATION


DEC. 2, 2019 PLAINTIFFS ASK COURT TO CONSIDER DECLARATION OF JOEL NANTAIS


NOV. 27, 2019 PARTIES' JOINT LETTER RE: DISCOVERY DISPUTE OVER DEFENDANTS' RESPONSES TO PLAINTIFFS' INTERROGATORIES


NOV. 22, 2019 ORDER GRANTING PLAINTIFFS' APPLICATION TO SUBMIT SUPPLEMENTAL EVIDENCE IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION (RELATED TO IRAN INTERNET OUTAGES)


NOV. 19, 2019 GOVERNMENT DEFENDANTS' MOTION TO DISMISS


NOV. 19, 2019 PLAINTIFFS' UNOPPOSED EX PARTE APPLICATION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION 


NOV. 14, 2019 PLAINTIFFS' REPLY BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION


NOV. 13, 2019 FIVE FAMILIES/COUPLES DISMISS THEIR CLAIMS AFTER ISSUANCES OF VISAS 


NOV. 9, 2019 GOVERNMENT DEFENDANTS' OBJECTIONS TO PLAINTIFFS’ EMERGENCY EX PARTE APPLICATION TO MOTION TO COMPEL RESPONSES TO INTERROGATORIES


NOV. 9, 2019  PLAINTIFFS’ EMERGENCY EX PARTE APPLICATION TO COMPEL RESPONSES TO INTERROGATORIES 


NOV. 8, 2019 DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION


OCT. 23, 2019 ORDER GRANTING EX PARTE APPLICATION FOR EXPEDITED DISCOVERY


OCT. 18, 2019 PLAINTIFFS' REPLY TO GOVT'S OPPOSITION TO PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY


OCT. 17, 2019 GOVERNMENT'S OPPOSITION TO PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY


OCT. 11, 2019 ORDER SETTING BRIEFING SCHEDULE FOR PLAINTIFFS' PRELIMINARY INJUNCTION MOTION, RESCHEDULING HEARING FOR DEC. 5, 2019, AND DIRECTING PARTIES TO MEET AND CONFER ON PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY


OCT. 10, 2019 DEFENDANTS CONSENT TO JURISDICTION OF MAGISTRATE JUDGE KANDIS A. WESTMORE


OCT. 10, 2019 ALL PARTIES STIPULATE TO BRIEFING SCHEDULE ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION.


OCT. 8, 2019 KENNETH W. BRAKEBILL, ASSISTANT U.S. ATTORNEY, ENTERS APPEARANCE AS COUNSEL FOR GOVERNMENT DEFENDANTS


OCT. 2, 2019 PLAINTIFFS' EX PARTE APPLICATION FOR EXPEDITED DISCOVERY 


SEPT. 30, 2019 PLAINTIFFS' RE-NOTICE FOR PRELIMINARY INJUNCTION HEARING (ADJUSTING HEARING DATE TO NOV. 7, 2019)


SEPT. 26, 2019 PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND MEMO IN SUPPORT


SEPT. 26, 2019 PLAINTIFFS' CONSENT TO MAGISTRATE JUDGE'S AUTHORITY


SEPT. 16, 2019 CASE ASSIGNED TO MAGISTRATE JUDGE KANDIS A. WESTMORE.


SEPT. 15, 2019, COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR WRIT OF MANDAMUS.