回复: 大律师TIM LEAHY运筹帷幄 9月13日 《夺刀战》大幕即将拉开
静观时变：
At 3:30pm, I served CIC with my reply to their written submissions, which they had served on me on Monday at 3:15pm, and filed it with the Federal Court. At this point, everything is in, and it will be up to the judge to rule on our motion asking that the Court require CIC to "be guided by" the Liang decision in disposing of our cases. Now we wait -- some more.
I am asking that the Court impose the same terms in processing these files as CIC accepted for the litigants' files which had not been closed; viz., to review the files and send any requests within 21 days of the Court's decision and to finalize the file within 180 after receipt of whatever is requested. CIC has asked the Court to exclude from any such order the litigants who joined after June 14th. Needless to say, I have argued that all the litigants should have their files processed on that basis.
On Tuesday, our managing judge, Justice Barnes, will be hearing the argument for counsel who are challenging the closing of the files and seeking an order barring CIC from acting on that provision as long s the matter is before the Court. I suspect that the judge will issue his ruling on the injunction before he issues ours, but we will see.
If the judge orders CIC to process our litigants' files, our group will close. Until then, more people may join. （假如大法官巴恩斯在周二---18日发命令吩咐移民部审理我们的诉讼人的案子，我们的迄今为止的加入诉讼的人的案子就正式关上了，更多的人无法再加入。在巴恩斯发出这个命令前，还可以加入更多的诉讼人。）
If the Court denies the motion（假如动议被否决或仅仅限于6月14日前加入的） -- or limits it only to those who joined before June 14th -- I will divide our group into three categories and proceed with the litigation. Those categories will be:（我将把案子分成三类，继续诉讼程序，这三类如下）
1. those who joined after June 14th and, had they joined before, would be having their files processed right now; viz.,
a. those whose files where assessed before March 29th but the visas have not yet been issued and
b. those who applied between 27 February 2008 and 25 June 2010;
2. those who were assessed after March 29th but not issued visas by June 29th and
3. those who applied before 27 February 2008 and have not had their files assessed.
If the judge does not order CIC to finalize our litigants' files, the litigation will continue. Here there are two possibilities. The first, which I have requested, is that the judge sets hearing dates for each litigant. If he does so, CIC might agree to settle because they will have send to the Court, their own counsel and to me a copy of very one's immigration file -- which is often 10cm think.. Making 3,000 such documents might prompt CIC to decide to settle. Or, the judge could just start the clock up all over again for the litigants. Under either scenario, I would expect the Court to allow others to join our group.
Once we have the judge's decision, I will let you know. I really do not expect it for at least a week, but the judge could surprise me and act quickly for a change. Time will tell.（大法官说了算，我们等着瞧吧）
