应当指出的是,由于政府一贯地坚持要求诉讼的结果仅局限于特定的个人、而非宽泛地适用于某一类人群,因此,拟议的诉讼将只代表那些名字出现在诉状上的原告们的权益。一直以来,此种做法能给予政府一定的空间以协商一个公平的和解方案,而不用害怕某一个涉及整个群体的公开决定可能会扰乱其行政及立法行为。尽管和本案的诉由不尽相同,诸位若有兴趣可以参阅近期政府在Gayle et al. v. Meade et al.一案中的立场。该案的案卷号为1:20-cv-21553,审理法庭为弗罗里达南区联邦法院。因此,锐泽预计,此次诉讼所得来的结果只能使那些正式地加入诉讼、且名字列在诉状上的那些原告们受益。
In response to the many individuals that have contacted us regarding the status of Reid & Wise LCC progression in its proposed lawsuit to address the legal concerns that were previously explained in prior solicitations of our services,I want to give you an update to latest legal developments.
It needs to pointed out that the lawsuit will be on behalf of the named plaintiffs as the Government has vigorously opposed class-wide determinations and seeks to limit the results of any case to the individuals that are named in the lawsuit. Historically, this provides room for the Government to negotiate an equitable settlement without the fear of class-wide pronouncements that may disrupt their administration of the INA and its regulations. While not on the same subject matter and if interested, take a look at the recent Government’s position in Gayle et al. v. Meade et al.,case number 1:20-cv-21553, in the U.S. District Court for the Southern Districtof Florida. Therefore, R&W anticipates that any results from our efforts will be in all likelihood limited to the named plaintiffs that have formerly joined the lawsuit.
A word on the concern of many that may have participated in OPT programs that the DHS has or will investigate following the criminal conviction of “Kelly” Huang, founder and operator of Findream & Sinotech, there have been anecdotal evidence that participants of those investigated to be found illegitimate ororganizations that may have disappeared as a proper legal entity, but continuedto operate an OPT program in violation of law, have been denied immigrationbenefits or denied admission back into the US for their association with suchentities. Therefore, it is the opinion of the author that it is not a question“if” the issue will turn up, but “when.” For guidance of how US Government will react, you only need to go backto the notorious Chinese immigration attorneys in New York that were arrestedin 2012 and eventually convicted of immigration fraud for creating andsubmitting fraudulent asylum applications. Those persons that were associated with theattorney and that were granted asylum at the Asylum Office or by the USImmigration Judge,[t1] the Government moved inImmigration Court to rescind those asylum grants and remove them from theUnited States, despite the fact that some were granted lawful permanentresidence (Green Card) in the US. Acquiring rescission of the asylum grant madethe grant of LPR improper.
Finally,we are nearing the needed number of participants that are interested in movingforward and desiring to be a part of the claims against the varied departmentsof Dep’t of Homeland Security. Those that have contacted R&W in the pastand expressed interest in participating should request a copy of the participant agreement and familiarize yourself with its terms and conditions.