Lin et al v. McAleenan et al, No. 3:2019cv00283 - Document 12 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 11 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Defendants' 7 MOTION for Stay be GRANTED; Defendants' stay is GRANTED until 12/27/2019 so t hat they may pursue the ongoing investigation regarding the potential filing of a Motion to Reopen; however, the stay is predicated on Defendants' resolving the investigation in a timely matter; further directing that Defendants provide the Cour t, on or before 12/27/2019, with a status report detailing the efforts taken to conclude the fraud investigation and continue to provide a status report, at a minimum, every 60 days thereafter. Signed by Judge Robert C. Chambers on 11/1/2019. (cc: counsel of record; any unrepresented parties) (jsa)
Download PDF
<![CDATA[
Lin et al v. McAleenan et al Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION XIU JIN LIN; WEN HUI LIN; XU LIN; and, HAO LIN, Plaintiffs, v. CIVIL ACTION NO. 3:19-0283 KEVIN McALEENAN, Acting Secretary of the Department of Homeland Security; and WILLIAM BARR, United States Attorney General, Defendants. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendations for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that (1) Defendants’ motion for stay (ECF No. 7) be granted; (2) Defendants be granted a stay until December 27, 2019, so that they may pursue the ongoing investigation regarding the potential filing of a Motion to Reopen (MTR); however the stay be predicated on Defendants resolving the investigation in a timely matter; and (3) Defendants be ordered to provide the Court, on or before December 27, 2019, with a status report detailing the efforts taken to conclude the fraud investigation and continue to provide a status report, at a minimum, every 60 Dockets.Justia.com days thereafter. Neither party has filed objections to the Magistrate Judge’s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and ORDERS that (1) Defendants’ motion for stay (ECF No. 7) be GRANTED; (2) Defendants stay is GRANTED until December 27, 2019, so that they may pursue the ongoing investigation regarding the potential filing of a Motion to Reopen (MTR); however the stay is predicated on Defendants resolving the investigation in a timely matter; and (3) Defendants provide the Court, on or before December 27, 2019, with a status report detailing the efforts taken to conclude the fraud investigation and continue to provide a status report, at a minimum, every 60 days thereafter. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: November 1, 2019 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
