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Litigation To Stop Executive Actions

Discussion in 'General discussion about executive action' started by Ron Gotcher, May 29, 2015.

  1. jdoe99

    jdoe99 Well-Known Member

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    What I really don't understand is why they don't give out 3 year EAD's for AoS applicants. They know its gonna take a while, so its less of a hassle for them to do these "free" renewals. I know pre 2007 guys have to pay for renewals but aren't there more post 2007 applicants.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They do. If your PD is not current, you get three years. If it is current, you get one year.
     
  3. jdoe99

    jdoe99 Well-Known Member

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    Its two years right. I havent heard of AoS applicants get 3 year ead's
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They have expanded it to three years.
     
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  5. msr

    msr Member

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    Ron,

    They probably expanded it to three years but they didn't even issue me an EAD for 2 years at least. My EAD was issued last year when my date was not current. I just got it for one year.
     
  6. Kamakazee

    Kamakazee Super Moderator

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    Because as Ron said, USCIS has the discretion to how much duration they can provide on EADs. If you were a DACA applicant, you would have gotten for 3 years. Or else, you get hosed.
     
  7. msr

    msr Member

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    The problem is USCIS is not consistent with what they do. They issued EAD for 2 years to few applicants only & issued EAD for 1 year for majority of the applicants ( all these applicant's PD was not current when EAD was issued ). I wonder what criteria they take into account while issuing the EAD. Wish they were fair to all the applicants not just few.
     
  8. jdoe99

    jdoe99 Well-Known Member

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    I believe the 485 ead's are based on a game of darts. The bulls eye is 1 year. the next circle is 2 year and so on. Since they have been doing this for a while, they have become experts and we all get 1 year EAD's. The 2 year Eads were given by newbie officers. Now, the DACA officers are so busy processing the millions of applicants that they haven't had the time to go out and buy darts. So they give 3 year ead's hoping the wave subsides and they can have a regular life playing darts.
     
  9. Senram

    Senram Member

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    Do anyone has opinion about how Judges rule on DAPA in July hearing. Anything can happen but I bet that Obama will lose the case again though he had so much luck on court cases and legislation on June. If that is the case then it will go to Supreme court and no result at least before June 2016. If Obama wins then it is difficult to get stay again in Supreme court and DAPA implementation will start in 3 months
     
  10. s_gan

    s_gan Super Moderator

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    Can the hearing drag-on until the end of the year ?
     
  11. cuckoo

    cuckoo Super Moderator

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    Unlikely. We would likely have the 5th cir decision this fall. It would be a huge surprise if he wins at the circuit court.
     
  12. ColumbusDude

    ColumbusDude Active Member

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    Did anyone already post this piece from Oh on any Threads?

    "A three-judge panel will decide again the fate of the Texas Federal District Court Judge's decision against the expanded DACA and DAPA programs and the two judges out of three are the same judges who were appointed by Republican President and one of the two wrote the decision last time denying Obama's motion to lift the Texas District Court Judge's preliminary injunction. Immigrant community hoped to see different judges in the upcoming hearing. Therefore, Obama may have to prepare himself for potential appeal of the decision before the U.S. Supreme Court down the road. This will present a lot of problem for the Obama Administration. Firstly, it is going to take a long time because of the U.S. Supreme Court's calendar, not until middle of 2016. Secondly, there is no prospect for another triumph in the U.S. Supreme Court of majority of Republican apppointee judges.
     
  13. cuckoo

    cuckoo Super Moderator

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    Yes, this is old news. He is right about the timing wrong about the prospects of win at the SC. The SCOTUS is unlikely to mess with presidential powers just to make the current bunch of GOP happy. It would upset established precedent, and in the long run, come back to bite republican presidents as well.
     
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  14. speedracer

    speedracer Guru

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    Its all political.. the more they drag the DAPA/DACA ruling.. democrats get more wind.. and GOP gets to show off the crazies... its ongoing cycle..
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Also, the Fifth Circuit has a 75% reversal rate in the Supreme Court.
     
  16. ColumbusDude

    ColumbusDude Active Member

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    There has not been any action on this thread. Just wondering if anything came out of the 5th Circuit?
     
  17. cuckoo

    cuckoo Super Moderator

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    Nothing so far. It will all over the news when it does
     

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