9th Circuit denies Fargo’s motions

The U.S. Court of Appeals for the Ninth Circuit has denied several motions submitted by a Russian national who is appealing the dismissal of his lawsuit against the U.S. Department of Homeland Security.

In their order last week, Ninth Circuit Judges Atsushi Wallace Tashima and Mark J. Bennett said that Milan Fargo’s motion for appointment of counsel is denied. The order also said the court will not entertain any motion for reconsideration, clarification, or modification of the denial.

Tashima and Bennett said that Fargo’s motion for a declaratory order and motion for a jury trial are also denied.

The judges said Fargo’s motion to correct the docket entry for his motion for a jury trial is denied as unnecessary.

The judges also denied Fargo’s motion for production of transcripts at U.S. government’s expense, and a motion for free access to PACER.

Only Fargo’s motion to waive the paper copy requirement for his opening brief was granted.

The judges said all remaining motions are referred to the panel assigned to decide the merits of this appeal for whatever consideration the panel deems appropriate.

The judges said the briefing schedule previously established remains in effect.

Last June, U.S. District Court for the NMI Chief Judge Ramona V. Manglona ordered the court’s clerk to accept no further filings in Fargo’s lawsuit without her prior approval.

Manglona issued the order as she also denied Fargo’s motion that seeks a declaratory judgment in his lawsuit.

Manglona had already issued a judgment in Fargo’s lawsuit favorable to DHS. Fargo then appealed the judgment to the Ninth Circuit.

Since giving notice of his appeal to the Ninth Circuit last March 26, Fargo has filed 15 separate motions and requests in the District Court.

Last March, Manglona ruled that Fargo believes he has lawful permanent resident status despite overwhelming evidence to the contrary.

In denying Fargo’s request for court action, Manglona said Fargo believes there is a “multiagency conspiracy to hide his green card from him.” She disagreed and dismissed Fargo’s lawsuit with finality.

Fargo sued DHS for allegedly hiding documents related to his humanitarian parole.

According to court records, the 65-year-old Fargo’s original name is Nassir Nazarovich Kourbanov. He filed his lawsuit against DHS pro se or without a lawyer. His suit seeks to compel DHS to issue him immigration documents, including some documents from his alien file.

He has been fighting the U.S. government’s efforts to have him removed from the U.S. He was placed on removal proceedings in September 2016. He is out on his own recognizance.

Fargo is convinced that he was granted humanitarian parole by the U.S. Immigration and Naturalization Service in San Diego, California, in 2002, and that acquiring proof of his parole will be key to successfully fighting his removal.