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TAING v. CHERTOFF

Civil Action No. 07-10499-WGY.

526 F.Supp.2d 177 (2007)

Neang Chea TAING, Petitioner/Plaintiff, v. Michael CHERTOFF, Secretary, Department of Homeland Security; Emilio Gonzalez, Director, U.S. Citizenship and Immigration Service; Dennis Riordan, District Director of Boston MA, U.S. Citizenship and Immigration Service. Respondents/Defendants.

United States District Court, D. Massachusetts.

December 12, 2007.

Attorney(s) appearing for the Case

Thomas Stylianos, Jr., Lowell, MA, for Petitioner/Plaintiff.

Mark T. Quinlivan, United States Attorney's Office, Boston, MA, for Respondents/Defendants.

MEMORANDUM AND ORDER

YOUNG, District Judge.

This case presents a question of first impression in the First Circuit, viz does a properly filed "immediate relative" visa petition lapse upon the death of the immediate relative during the processing period? This case arises out of the denial by the United States Citizenship and Immigration Service ("government") of an "immediate relative" visa petition upon an application for adjustment of status where the petitioner...

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