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发帖数: 360 | 1 这个是EB3官司里援引的一个案例，把猪坚强的帖子提上来大家看看。
http://www.mitbbs.com/article_t/EB23/31242719.html
recapture visa的案子，中间几段讨论了recapture的visa numbers是应该按PD (
strict
chronological order)还是按比例分给墨西哥（排队中）和Western Hemisphere
countries的非墨西哥申请人。
NIU交涉的时候可能有用，虽然DOS的立场是坚定按PD分。
"It is apparent from this demonstration that the proper object of relief is
better served by defendants' historical plan than by the strict
chronological plan ordered by the district court and advocated by plaintiffs"
“The district court should first
determine how many of the recaptured visa numbers issued before October 10,
1978, were given to natives of each of the Western Hemisphere countries. In
implementing what we have described in the text accompanying note 5, supra,
as the third step of their historical plan, defendants should reduce the
number of recaptured visa numbers to be issued to plaintiff class members
from each country by the number of recaptured visa numbers previously issued
to natives of the respective countries” |
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