Judge Berman seeks submmision in Nee Messinetti matter

In light of the July 23, 2014 Summary Order of the United States Court of Appeals for the Second Circuit vacating this Court's October 23, 2012 Order (while expressing "no opinion regarding the propriety of the RO's action"), the Court hereby requests (simultaneous) briefing from the parties (including Mssrs. Nee and Messinetti, the Review Officer, and the Government) on the following issues:

(I) Whether, as a matter ofjurisdiction, the issues raised by the applications ofMssrs. Nee and Messinetti, dated July 23, 2012 and July 24, 2012, respectively, remain ripe for consideration, given the events and passage of time between the Court's October 23,2012 Order and the Court of Appeals' July 23,2014 Summary Order; and

(2) Whether the Review Officer's June 26,2012 "Notice of Veto" was within the Review Officer's authority under the June 2010 Stipulation and Order, and citing to appropriate background, context, and authority which may help to resolve any "ambiguity" perceived by the Second Circuit.

The parties' respective submissions should be no longer than twenty pages, double- spaced and should be served and filed on or before August 25, 2014.

Tweet