October 25, 2012 - The Ninth Circuit dismissed the lawsuit as "moot" because the plaintiffs had obtained visas or were no longer pursuing visas. While this is the end of this lawsuit, our firm will seek to file a new lawsuit with new plaintiffs, and will seek to avoid the mootness issue through early filing of a motion for class certification. If you wish to participate in the class action, please complete the questionnaire and send it to Brent Renison.
July 27, 2012 - Ninth Circuit Oral Argument has been set for October 10, 2012 in Portland, Oregon, at the Pioneer Courthouse at 9:00 a.m.
September 2, 2011 - Plaintiffs file their Reply Brief following the government's Response Brief filed August 22, 2011. If there is no further briefing, the parties will be scheduled for an oral argument in the coming months, probably sometime in 2012.
July 7, 2011 - Plaintiffs file their Opening Brief in the Ninth Circuit Court of Appeals. The Ninth Circuit case is Tran, et al v. Napolitano, et al, No. 11-35277 (9th Cir. filed March 30, 2011).
March 30, 2011 - A federal court in Oregon threw out the K-1 class action lawsuit today in an ORDER dated March 29, 2011, adopting a magistrate judge's Findings and Recommendation that the Doctrine of Consular Nonreviewability allows the State Department to charge U.S. citizen petitioners with fraud and not give them any opportunity to respond to the allegations. The court dismissed all remaining claims today, and the plaintiffs have filed a notice of appeal to the U.S. Court of Appeals for the Ninth Circuit. The Tran Class Action lawsuit, Tran, et al v. Napolitano, et al, 3:10-CV-724-ST (D.Or. filed June 24, 2010), was filed to ask the Federal Court to certify a nationwide class of American citizen petitioners whose fiance(e)s have been subject to arbitrary and unreasonable consular returns, resulting in a denial of due process. The Plaintiffs are seeking certification of a class of U.S. citizen K-1 petitioners who complain of denial of due process of law in the K-1 petition and visa issuance process. The lawsuit's Plaintiffs seek to represent the interests of class members. More updates on the litigation can be found here in the future.
I am a U.S. citizen and my fiance(e) was denied a K-1, how do I participate in the lawsuit against the unfair denial process? Contact the attorneys handling the lawsuit by emailing a completed questionnaire and copies of official documents requested in the questionnaire. Although the Court has not yet "certified" a class of people eligible for benefits or relief, the attorneys handling the case must be aware of people who have cases similar to the plaintiffs cases. After you send in the questionnaire, an attorney will contact you to advise you whether you appear to qualify for the requested class definition. There is no charge for participating, and your information will remain confidential unless you direct otherwise.
What is the current status of the lawsuit? The district court dismissed the lawsuit on March 30, 2011, and Plaintiffs appealed the same day to the U.S. Ninth Circuit Court of Appeals. The Ninth Circuit dismissed the case as moot on October 25, 2012, but our firm intends to file a new lawsuit with new plaintiffs.
What is the definition of the proposed class of people? The proposed class definition is, "All United States citizens who filed an I-129F Petition for Fiance(e) that was approved by DHS/USCIS, but whose alien fiance(e) was not issued a K-1 visa due to the State Department's issuance of a visa denial for the purpose of returning the approved petition to DHS/USCIS for review and revocation, termination, or denial."What is the current status of the lawsuit? The district court dismissed all claims on March 30, 2011, and the same day Plaintiffs filed an appeal with the U.S. Ninth Circuit Court of Appeals. You can review the status of the appeal by looking at the documents filed to the right. It may be months or years before the appeal is decided.
My spouse was denied in a similar manner, can I participate in the lawsuit?
Not at this time. Our office has received many reports of unfair treatment, in a manner similar to the K-1 fiance(e) cases, involving spouses of U.S. citizens. The lawsuit, however, is limited to K-1 fiance(e)s of U.S. citizens. You should seek competent immigration counsel for your individual case. You may wish to check back with this website occasionally in case the situation changes and spouses are included in the future.
I noticed the lawsuit was filed in Oregon, but I live in another state. Can I still participate? The lawsuit seeks to include any U.S. citizen petitioner, wherever he or she resides. The lawsuit was filed in Oregon because the lead Plaintiff Mr. Tran resides here, and the government may be sued in any federal court in the United States where a plaintiff resides. There are two other plaintiffs who reside in Washington and California.
What is the difference between a plaintiff and a class member? A plaintiff is a person who is named in the lawsuit, and whose claims against the defendant are spelled out in the lawsuit. A class member is not named in the lawsuit, but at a certain point in the litigation may choose to be bound by the decision in the class action as if he or she was a plaintiff, or "opt out" of the lawsuit and proceed with his or her own lawsuit. Class members receive notice through various means about the lawsuit and what it could mean for their rights.