| Kells v. Napolitano Litigation |
September 29, 2009 - The Missouri federal court struck down the widow penalty today! The Court ruled that "plaintiffs have demonstrated that the Government took an action based on a conclusion that was 'not in accordance with law.'... The Court finds the Government unlawfully denied plaintiffs' I-130 petitions when it found that upon Sgt. Kells's death, plaintiffs no longer qualified as 'immediate relatives' under 8 U.S.C. Sec. 1151(b)(2)(A)(i). Contrary to the Government's position, the Court finds plaintiffs remain 'immediate relatives' under 8 U.S.C. Sec. 1151(b)(2)(A)(i), and they are entitled to relief."
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Kells Order Granting MSJ |
| February 12, 2009 - Armstrong Teasdale lawyers file an Opposition to Motion to Dismiss and Cross Motion for Summary Judgment, in response to government's motion.
January 9, 2009 - Department of Homeland Security has filed a Motion to Dismiss Mrs. Kells lawsuit, just as they have filed in every other case. They argue that Mrs. Kells is no longer her husband's spouse, and that her children are no longer children of their step-father, and therefore should be automatically denied lawful permanent resident status.
Veteran litigator James Virtel from the prestigious firm of Armstrong Teasdale LLP has entered as Mrs. Kells attorney in the federal action, assisted by Armstrong Teasdale lawyers Darryl Chatman and Chad Silker. Surviving Spouses Against Deportation thanks these pro bono attorneys for their commitment to justice for survivors.
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Kells v. Chertoff Motion to Dismiss |
Kells Opposition to Motion to Dismiss and Cross MSJ |
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October 15, 2008 - Mrs. Khamphee Kells, the surviving spouse of U.S. Navy Sergeant Robert William Kells, and Mrs. Kells' two daughters have filed a lawsuit to challenge the widow penalty in Missouri. The case is Kells v. Chertoff, No. 08-CV-1582-CAS (E.D. Missouri Oct. 14, 2008). Mrs. Kells and her daughters entered the country legally, Mrs. Kells married her American citizen husband, and together they filed the necessary paperwork to become legal residents. Upon the death of Sergeant Kells, United States Citizenship and Immigration Services (USCIS) automatically denied their applications because the USCIS bureaucracy had not yet reached their applications.
This case follows the landmark filing of Robledo v. Chertoff, and is the second time a minor child has challenged the automatic termination provisions in court. Like the Robledo case, this case involves not only the widow penalty, but the orphan penalty.
July 23, 2008 - Fox News St. Louis - Navy Spouse Faces Widow Penalty
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Kells v. Chertoff Complaint |
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