Free Memorandum in Opposition - District Court of California - California

Case 3:07-cv-05003-TEH

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Filed 09/28/2007

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SCOTT N. SCHOOLS (SC 9990) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MELANIE L. PROCTOR (CSBN 228971) [email protected] Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6730 FAX: (415) 436-6927 Attorneys for Respondents

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) Petitioners, ) ) v. ) PETER D. KEISLER, Attorney General of ) the United States; MICHAEL CHERTOFF, ) ) Secretary, Department of Homeland Security; CONDOLEEZA RICE, Secretary ) ) of State; GOTTLIEB DUWAN, Vice ) Consul, United States Embassy in ) Stockholm, Sweeden, ) ) Respondents. ) AKE PETER GERHARD SVENSBORN and LISA ULRIKA NORGREN, I, Melanie Proctor, declare and state as follows: 1. I am employed by the United States Attorney's Office, Northern District of No. C 07-5003 TEH

DECLARATION OF MELANIE PROCTOR

California, as an Assistant United States Attorney. My current employment address is 450 Golden Gate Avenue, Box 36055, San Francisco, California, 94102. I am the attorney assigned to the above-captioned matter. 2. Contrary to Petitioners' allegations, Petitioner Norgren's visa application has been

denied. State Department officials have provided me with the attached "screen shot," which shows that Petitioner's application was refused on August 16, 2007.
PROCTOR DECLARATION C 07 5003 TEH

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3.

The refusal code "G" indicates that the application was refused pursuant to 8 U.S.C.

§ 1201(g), for failure to submit requested documents. 4. I have reviewed the investigative report relating to Petitioners' application. The

report establishes that the United States Consulate has a rational basis for refusing Petitioners' application. 5. Because the report is part of an ongoing investigation, it is not releaseable to

Petitioners, or reviewable by the Court. I declare that the foregoing is true under penalty of perjury. Signed this 28th day of September, 2007, in San Francisco, California. /s/ MELANIE L. PROCTOR

PROCTOR DECLARATION C 07 5003 TEH

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