Surviving Spouses Against Deportation

IMPORTANT DEADLINE: October 28, 2011 for widow(er) self-petitions if death occurred before October 28, 2009 and marriage less than 2 years!

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McKoy Litigation
April 15, 2009 - Plaintiff McKoy files an Opposition to the government's Motion to Dismiss, urging the court to reject the government's invitation to be the only court to dismiss on jurisdictional grounds, and urging the court to follow the Sixth and Ninth Circuits in Lockhart and Freeman, and reject the Robinson court's flawed reasoning.
Document
McKoy Opposition to Motion to Dismiss
March 30, 2009 - DHS files Motion to Dismiss.
Document
DHS Motion to Dismiss McKoy v. Napolitano
December 4, 2008 - Mrs. Fernanda McKoy, through her attorney Pia Gekas and litigation counsel Ivan Yacub, have filed a lawsuit in Maryland to challenge the widow penalty. Mrs. McKoy's case is the fifth in a line of cases that have been filed following the tentative ruling in the Hootkins v. Chertoff Class Action lawsuit limiting the class to the Ninth Circuit. The case, McKoy v. Chertoff, No. 08-3274 (DKC) (D. Md. Dec. 4, 2008) was filed in the Baltimore Division, but it was determined that Mrs. McKoy's address fell within the Greenbelt Division and transferred there. The Robledo / Hassan litigation is also pending in that Division.
Document
McKoy Complaint