Free Declaration in Support - District Court of California - California

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DECLARATION OF ZACHARY NIGHTINGALE I, Zachary Nightingale, hereby declare the following: 1. I am an attorney and partner at Van Der Hout, Brigagliano and Nightingale, LLP, 180 Sutter Street, Fifth Floor, San Francisco, CA 94104. I make this declaration in support of Petitioners Barbara DAVISON and Graham SIMPSON's Petition for Writ of Mandamus. Unless otherwise stated, I received the documents described from Petitioners in connection with Van Der Hout, Brigagliano and Nightingale's representation of him in this case. 2. Petitioner Simpson is a 49-year-old native and citizen of the United Kingdom. He first entered the United States on December 4, 1987 on a visitor's (B-2) visa. That visa was valid until June 3, 1988. On or about May 31, 1988, he filed an application to change his status of a treaty investor (E-2), based on his establishment of a restaurant in Kensington, California. That application was terminated on or about December 5, 1989. He has not left the United States since that date. A copy of Petitioner Simpson's Form I94, authorizing these status changes, is attached as Exhibit A. 3. Petitioner Simpson married Petitioner Davison on October 11, 2002, in San Francisco, California. A copy of their marriage certificate is attached as Exhibit B. 4. On or about September 14, 2004, Petitioner Davison filed an I-130 Visa Petition on behalf of Petitioner Simpson to the United States Citizenship and Immigration Services ("U.S. CIS"), and Petitioner Simpson concurrently filed an adjustment of status application (Form I-485). A copy of the I-130 visa petition is attached as Exhibit C, and a copy of the adjustment application is attached as Exhibit D. The supporting documentation is not attached. A copy of a receipt from U.S. CIS, showing that the filing fee for the I-130 petition ($185.00) and the adjustment of status application ($315 and $70 for fingerprinting) was paid on September 14, 2004, is attached as Exhibit E.

Dec. of Nightingale in Support of Petition for Writ of Mandamus

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EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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EXHIBIT D

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EXHIBIT E

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EXHIBIT F

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EXHIBIT G

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EXHIBIT H

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EXHIBIT I

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EXHIBIT J

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