"I handed my passport to the immigration officer, and he looked at it and looked at me and said, 'What are you?'"
~ Grace Murray Hopper.
~ Grace Murray Hopper.
Here are the pertinent parts of Gülen's victory in the courtroom, from Hürriyet:
The Door for the US citizenship is opened for Gülen
Gülen's green card application was rejected first by the USCIS then by the AAO (Administrative Appeals Office); however, the Pennsylvania Eastern Region Court's decision ruled in favor of Gülen.
After new evidence provided by the two parties (plaintiff and stateis lawyers), the Pennsylvania Eastern Region District Federal Court Judge Stewart Dalzell wanted the immigration office to approve plaintiff Gülen's I-140 application by 1 August. In addition, the judge wanted the parties to resolve their disputes by 4 August.
Earlier the USCIS and AAO had rejected Gülen's I-140 application--extraordinary skilled foreign labor visa--however, Dalzell's recent decision requires the USCIS to approve Gülen's application. In addition, Gülen had paid $1000 to the USCIS to hasten the visa process. Since the USCIS failed to process [the application] within the specific time period, Judge Dalzell awarded a full refund payable to Gülen.
He doesn't have to be extraordinary educator
The most important reason for Dalzell to overrule the previous decisions was the idea that the qualifications for extraordinary skilled foreign worker were sufficient conditions to be eligible for I-140 and thus, being an extraordinary educator, as state prosecutors claimed Gulen was not, was not a necessary condition.
If Gulen becomes a citizen, Dalzell claimed, the US would benefit remarkably from Gulen's studies in theology, political science, and Islam.
From the judge's Memorandum, filed 16 July 2008:
We find that Gülen has met all the requirements of 8 U.S.C.§ 1153 (b) (1) (A) and the associated regulations. For that reason, we find the AAO's denial of his petition to be contrary to law and unsupported by the evidence in the record. We will, therefore, grant Gülen's motion for partial summary judgement and order the Secretary of Homeland Security to approve Gülen's I-140 petition.
The judge's Order:
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL CHERTOFF, et al.
AND NOW, this 16th day of July, 2008, upon consideration of the joint stipulation of facts (docket entry # 28), the Government's motion for a partial summary judgement (docket entry # 29), Gülen's motion for partial summary judgement (docket entry * 30), and the parties' responses and replies (docket entries 31 - 35), and for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:
1. The Government's motion for partial summary judgement is DENIED;
2. Gülen's motion for partial summary is GRANTED;
3. The determination of the AAO is VACATED;
4. USCIS shall APPROVE Gülen's petition for alien worker as an alien of extraordinary ability, document number SRC 07-035-53075 by August 1, 2008;
5. USCIS shall REFUND the $1000 premium processing fee Gülen paid for his I-140 petition by August 1, 2008;
6. A status conference shall CONVENE in Chambers (Room 10613) at 2:00 p.m. Monday, August 4, 2008 to determine what issues remain to be resolved and how this case should proceed.
BY THE COURT:
Stewart Dalzell, J.
Having read the court documents pertaining to this case, including those mentioned in the judge's order, I can see how he ruled the way he did. It all boils down to an interpretation of the requirements of the I-140. What I don't understand is why the government (Chertoff et al.) dragged their feet so hard and for so long and with seemingly no response to the petition. Why did they put up such a fight against Gülen's change of status?
Neither do I understand why the results of the FBI background investigation were not released. Maybe only the CIA and MİT know for sure. Maybe MOSSAD, too.
Now it remains to be seen if Gülen walks through the door.