Filed July 7, 2009
Both parties presented argument regarding class certification before this Honorable Court on June 15, 2009. (Docket # 63.) The next day, the BIA published Matter of Wang, 25 I. & N. Dec. 28 (2009), addressing the application of 8 U.S.C. § 1153(h)(3) to claims similar to those of Plaintiffs. In response, the Court invited the parties to submit briefs discussing the impact of Matter of Wang on Plaintiffs’ motion for class certification.