September 3, 2009 - DHS has filed an appeal of the Richards decision to the U.S. Court of Appeals for the Second Circuit. The Richards appeal marks the fifth appeal to a circuit court of the issue involving the widow penalty and the meaning of the word spouse.
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Richards DHS Appeal |
June 30, 2009 - Judge Charles P. Sifton struck down the widow penalty in New York federal court today! Judge Sifton's 33 page opinion carefully analyzes the statute and follows the well reasoned opinions of the Taing, Lockhart and Freeman cases from the First, Sixth and Ninth Circuits, and rejects the split decision in Robinson from the Third Circuit.
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Chadderton Richards Opinion |
April 29, 2009 - Judge Charles P. Sifton Ordered Defendants DHS and USCIS to show cause why the petition should not be granted, setting a hearing for June 25, 2009. Defendants' Response is due May 19, 2009 and Plaintiff's optional reply is due June 3, 2009.
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Richards Order to Show Cause |
April 22, 2009 - Grace Chadderton Richards filed a lawsuit to challenge the widow penalty in the Eastern District of New York. The case is Richards v. Napolitano, 09-1663 (E.D.N.Y. Apr. 22, 2009). Mrs. Richards is represented by Jeffrey Feinbloom, who was counsel on the Robinson v. Napolitano case.
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Richards v. Napolitano Complaint |
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