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Awe v. Napolitano et al
Filing 14
OPINION AND ORDER by Judge Terence Kern ; dismissing/terminating case (terminates case) ; granting 7 Motion to Dismiss for Lack of Jurisdiction (vah, Chambers)
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA AHMED AWE, Plaintiff, vs. JANET NAPOLITANO, Secretary, U.S. Department of Homeland Security; EMILIO GONZALEZ, Director, U.S. Citizenship and Immigration Services, and JOSE OLIVARES, Field Office Director, USCIS, Defendants. ) ) ) ) ) Case No. 10-CV-323-TCK-FHM ) ) ) ) ) ) ) ) OPINION AND ORDER Before the Court is Defendants' Motion to Dismiss (Doc. 7). I. Background Plaintiff Ahmed Awe ("Awe") has been a lawful permanent resident of the United States since November 21, 1968. On July 11, 1976, when Awe was eighteen years old, he was arrested for burglary and received a deferred two-year sentence. Approximately two and a half years later, on February 4, 1978, Awe was arrested for "drunkenness." This charge was later dismissed. On September 16, 1983, Awe was arrested for possession of marijuana with intent to distribute, possession of cocaine, and maintenance of a house where drugs were kept/sold. Awe entered a guilty plea to these charges and was sentenced to three years imprisonment. Two months later, Awe was arrested for unlawfully possessing a controlled drug, but this charge was dismissed. Awe subsequently received a pardon from the Governor of Oklahoma for the offenses carrying prison time. On June 27, 2007, Awe filed an Application for Naturalization (Form N-400) ("Application") on the basis that he had been a lawful permanent resident of the United States for more than five years and was otherwise eligible for naturalization. Awe appeared for examination on the Application on June 17, 2008. During the examination, Awe alleges that he disclosed his 1983 arrest for drug charges and provided a Tulsa Police Department Criminal History letter, which showed the arrests prior to 1983. On August 28, 2009, Awe received notice that he was ineligible for naturalization because of his arrest record and his purported failure to disclose his arrests as a teenager. Awe filed a Request for Hearing on a Decision in Naturalization Proceedings (Form N-336), seeking review of the denial of his bid for naturalization before the United States Citizenship and Immigration Services ("USCIS"). On January 26, 2010, USCIS upheld its original decision to deny Awe's Application, citing "poor moral character" and his prior arrest record as the basis for the denial. On May 20, 2010, Awe filed a Petition for Review of Denial of Naturalization Application ("Petition") before this Court pursuant to 8 U.S.C. 1421(c), requesting a de novo hearing on his Application and that the Court remand the matter to Defendants with an instruction to grant the Application. (Pet. §§ II, VI.) Awe maintains his Application should be granted because he "is a person of good moral character within the meaning of 8 U.S.C. § 1427[,] is otherwise eligible for naturalization[,] has not been arrested or charged with any offense during the statutory period[,] [and his Application] cannot be denied solely on the basis of his criminal record from 1983 (and before)." (Pet. § V, ¶ 20.) On August 27, 2010, approximately three months after Awe filed his Petition, the United States Department of Homeland Security issued a Notice to Appear, and Awe was placed in removal proceedings. (See Notice to Appear, Ex. 1 to Defs.' Mot. to Dismiss.) Specifically, the Notice to Appear states that Awe is "subject to removal from the United States" pursuant to the following: 2 Section 237(a)(2)(B)(I) of the Immigration and Nationality Act, as amended, in that, at any time after admission, you have been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign county relating to a controlled substance (as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802), other than a single offense involving possession for one's own use of 30 grams or less of marijuana. (Id. at 2.) Defendants now seek to dismiss Awe's Petition pursuant to Federal Rule of Civil Procedure 12(b)(1) ("Rule 12(b)(1)"), arguing that the filing of removal proceedings against Awe divested this Court of jurisdiction to hear Awe's Petition. Alternatively, Defendants move to dismiss Awe's Petition pursuant to Federal Rule of Civil Procedure 12(b)(6) ("Rule 12(b)(6)") for failure to state a claim because this Court cannot provide effective relief to Awe. II. Motion to Dismiss Standards Federal courts are courts of limited jurisdiction and may exercise jurisdiction only when specifically authorized to do so. Castaneda v. INS, 23 F.3d 1576, 1580 (10th Cir. 1994). "A court lacking jurisdiction must dismiss the cause at any stage of the proceedings in which it becomes apparent that jurisdiction is lacking." Scheideman v. Shawnee County Bd. of County Comm'rs, 895 F. Supp. 279, 280 (D. Kan. 1995). The party seeking to invoke a federal court's jurisdiction sustains the burden of establishing that such jurisdiction is proper. Winnebago Tribe of Neb. v. Kline, 297 F. Supp. 2d 1291, 1299 (D. Kan. 2004). When federal jurisdiction is challenged, plaintiff bears the burden of showing why the case should not be dismissed. Id. Rule 12(b)(1) motions to dismiss for lack of subject matter jurisdiction generally take one of two forms. Stuart v. Colo. Interstate Gas Co., 271 F.3d 1221, 1225 (10th Cir. 2001). "First, a moving party may make a facial attack on the complaint's allegations as to the existence of subject matter jurisdiction." Id. "In reviewing a facial attack, the district court must accept the allegations 3 in the complaint as true." Id. "Second, a party may go beyond allegations contained in the complaint and challenge the facts upon which subject matter jurisdiction is based." Id. In reviewing a factual attack, a court "may not presume the truthfulness of the complaint's factual allegations, [but] has wide discretion to allow affidavits, other documents, and a limited evidentiary hearing to resolve disputed jurisdictional facts.'" Holt v. United States, 46 F.3d 1000, 1003 (10th Cir. 1995). In the instant case, Defendants' Rule 12(b)(1) motion does not challenge the facts as alleged in the Petition and therefore represents a facial attack to Plaintiff's Petition. See Rahman v. Napolitano, No. 09-3437, 2010 WL 2777271, at *2 (6th Cir. July 13, 2010) (construing defendants' Rule 12(b)(1) motion to dismiss, which argued petition should be dismissed pending removal proceedings, as facial attack). In considering a motion to dismiss under Rule 12(b)(6), a court must determine whether the plaintiff has stated a claim upon which relief may be granted. The inquiry is "whether the complaint contains 'enough facts to state a claim to relief that is plausible on its face.'" Ridge at Red Hawk, LLC v. Schneider, 493 F.3d 1174, 1177 (10th Cir. 2007) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544)). In order to survive a Rule 12(b)(6) motion to dismiss, a plaintiff must "'nudge [ ] [his] claims across the line from conceivable to plausible.'" Schneider, 493 F.3d at 1177 (quoting Twombly, 550 U.S. at 570). Thus, "the mere metaphysical possibility that some plaintiff could prove some set of facts in support of the pleaded claims is insufficient; the complaint must give the court reason to believe that this plaintiff has a reasonable likelihood of mustering factual support for these claims." Schneider, 493 F.3d at 1177. The Tenth Circuit has interpreted "plausibility," the term used by the Supreme Court in Twombly, to "refer to the scope of the allegations in a complaint" rather than to mean "likely to be 4 true." Robbins v. Okla. ex rel. Okla. Dep't of Human Servs., 519 F.3d 1242, 1247 (10th Cir. 2008). Thus, "if [allegations] are so general that they encompass a wide swath of conduct, much of it innocent, then the plaintiffs have not nudged their claims across the line from conceivable to plausible." Id. (internal quotations omitted). "The allegations must be enough that, if assumed to be true, the plaintiff plausibly (not just speculatively) has a claim for relief." Id. "This requirement of plausibility serves not only to weed out claims that do not (in the absence of additional allegations) have a reasonable prospect of success, but also to inform the defendants of the actual grounds of the claim against them." Id. at 1248. In addition, the Tenth Circuit has stated that "the degree of specificity necessary to establish plausibility and fair notice, and therefore the need to include sufficient factual allegations, depends on context," and that whether a defendant receives fair notice "depends on the type of case." Id. III. Relevant Law Regarding Naturalization and Removal "Before 1990, naturalization authority and removal authority were vested in different branches of government, with naturalization being the province of the courts and removal the province of the executive acting through the Attorney General." Ajlani v. Chertoff, 545 F.3d 229, 235 (2d Cir. 2008) (internal citations omitted). This system made it possible for naturalization and removal proceedings to proceed simultaneously, which would sometimes give rise to a race "between the alien to gain citizenship and the Attorney General to deport him." Id. (citing Shomberg v. United States, 348 U.S. 540, 544 (1955)). In 1990, however, Congress amended the Immigration and Nationality Act ("INA") so to "unif[y] naturalization and removal authority in the executive." Ajlani, 545 F.3d at 236. Specifically, Congress gave the Attorney General the "sole authority to naturalize persons as citizens of the United States." 8 U.S.C. § 1421(a). Congress 5 limited the Attorney General's authority in 8 U.S.C. § 1429 ("Section 1429"), however, which provides in relevant part: [N]o person shall be naturalized against whom there is outstanding a final finding of deportability pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act; and no application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceedings pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act. . . . 8 U.S.C. § 1429. The 1990 amendments also reserved "a measure of naturalization jurisdiction for the courts in two circumstances: denial and delay." Ajlani, 545 F.3d at 236. Pursuant to 8 U.S.C. § 1421(c) ("Section 1421"), which forms the basis for Awe's Petition, A person whose application for naturalization under this subchapter is denied, after a hearing before an immigration officer under section 1447(a) of this Title, may seek review of such denial before the United States district court for the district in which such person resides in accordance with chapter 7 of title 5. Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law and shall, at the request of the petitioner, conduct a hearing de novo on the application. Similarly, if "there is a failure to make a determination" on the naturalization application within 120 days after the applicant's required examination, the alien can ask the district court "for a hearing on the matter." 8 U.S.C. § 1447(b) ("Section 1447(b)"). The district court may then "either determine the matter or remand the matter." Id. Defendants cite Section 1429 in support of their Motion to Dismiss, arguing that it mandates dismissal of Awe's Petition because (1) the filing of removal proceedings divested this Court of jurisdiction to hear Plaintiff's Petition, and (2) the Court cannot grant effective relief to Plaintiff because it cannot order the Attorney General to do something which is precluded by the mandate of Section 1429. Awe objects, first citing this Court's authority to review naturalization decisions 6 under Section 1421(c). Awe additionally contends that Section 1429 fails to explicitly divest this Court of jurisdiction, as it only states that the "Attorney General" is unable to consider an application for naturalization during the pendency of removal proceedings. Finally, Awe argues that when, like here, the removal proceedings are initiated after a petition is filed, the district court retains all authority and jurisdiction to grant the requested relief. IV. Discussion The issue before the Court is whether Section 1429, which limits the Attorney General's power to consider naturalization petitions during the pendency of removal proceedings, similarly limits a district court's jurisdiction to review naturalization petitions and/or leaves a petitioner without any effective remedy from the district court. The Tenth Circuit has yet to address this specific issue, and the Court must therefore look to other circuits for guidance. In so doing, it becomes apparent that there exists a split in authority, as courts confronted with this issue have adopted one of two prevailing views. Some district court decisions, which are relied upon by Awe, have rejected the arguments advanced by Defendants and held that Section 1429 precludes only the Attorney General from considering a petition for naturalization by an alien against whom removal proceedings are pending and does nothing to affect the district court's jurisdiction or remedies available to it. See Gonzalez v. Napolitano, 684 F. Supp. 2d 555, 560-63 (D.N.J. 2010); Kestelboym v. Chertoff, 538 F. Supp. 2d 813, 818 (D.N.J. 2008); Grewal v. Ashcroft, 301 F. Supp. 2d 692, 69597 (N.D. Ohio 2004); Saad v. Barrows, No. 03-1342, 2004 WL 1359165, at *5-6 (N.D. Tex. June 16, 2004); Ngwana v. Attorney Gen., 40 F. Supp. 2d 319, 321-22 (D. Md. 1999). These courts generally rely on the plain language of Section 1429 and reason that if Section 1429 divested district courts of authority to review denials of naturalization applications, the Immigration and 7 Naturalization Service ("INS") could effectively circumvent judicial review of naturalization applications by initiating removal proceedings. See Gonzalez, 684 F. Supp. 2d at 560-61; Kestelboym, 538 F. Supp. 2d at 818; Grewal, 301 F. Supp. 2d at 696-97; Ngwana, 40 F. Supp. 2d at 321-22. In contrast, the Second, Fifth, and Sixth Circuits have dismissed petitions seeking review of a naturalization decision when removal proceedings are pending, holding that said proceedings limit the court's review pursuant to Section 1421 or Section 1427 and circumscribe the availability of effective remedies. See Ajlani, 545 F.3d at 239-241 (holding that the priority afforded removal proceedings by Section 1429 limits the courts' authority to grant naturalization pursuant to Section 1421 or Section 1427) ("[W]e think district court authority to grant naturalization relief while removal proceedings are pending cannot be greater than that of the Attorney General.") (finding that district court properly dismissed plaintiff's request for review of naturalization application for failure to state a claim); Saba-Bakare v. Chertoff, 507 F.3d 337, 340 (5th Cir. 2007) (stating that "[Section 1429] requires that [plaintiff] wait until the termination of the removal proceeding before either a district court or the USCIS entertains a question regarding his naturalization application") (affirming district court's dismissal of petition seeking de novo review of naturalization application pursuant to Section 1421(c)); Zayed v. United States, 368 F.3d 902, 906-07 (6th Cir. 2004) ("The effect of [Section 1429], in our view, is to limit the scope of the court's review and circumscribe the availability of effective remedies, but not to oust the district court of jurisdiction.") ("[T]he restraints that [Section 1429] imposes upon the Attorney General prevent a district court from granting relief under [Section1421(c)] so long as removal proceedings are pending.") (affirming district court's dismissal of plaintiff's petition for review of naturalization application); see also De Lara Bellajaro 8 v. Schiltgen, 378 F.3d 1042, 1048 (9th Cir. 2004) (citing Zayed with approval); see also Rahman, 2010 WL 2777271, at *543 n. 4 (following Zayed and noting that district court opinions going other way are "against the weight of appellate authority"). The Court agrees with this appellate authority. While the text of Section 1429 does not explicitly divest this court of jurisdiction during the pendency of removal proceedings, see 8 U.S.C. § 1429 (stating "no application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceedings"); Zayed, 368 F.3d at 906 (finding that Section 1429 "simply has no bearing on the district court's jurisdiction to review the administrative denial of a naturalization application of an alien against whom removal proceedings have been initiated"), it necessarily "circumscribes the availability of effective remedies," Zayed, 368 F.3d at 906. Specifically, even if the Court were to conduct a de novo review of the decision to deny Awe's naturalization application, and even if the Court were to determine that the decision was in error, the Court cannot grant Awe the relief he seeks. "The exclusive power to naturalize aliens rests with the Attorney General, . . . and [Section 1429] bars the use of that power while removal proceedings are pending." Id. (additionally noting the "district court could not properly have entered an order granting the application without reference to the Attorney General [since] Congress . . . decided that it would be the Attorney General who should have 'sole authority to naturalize persons'") (citing 8 U.S.C. § 1421(a)). Therefore, because Section 1429 precludes the Attorney General from granting naturalization to Awe due to the pending removal proceedings, Awe cannot currently secure such relief from this Court. Ajlani, 545 F.3d at 238 (noting same); see Zayed, 368 F.3d at 906 n.5 (questioning holding in Ngwana, 40 F. Supp. 2d at 322, where district court ordered INS to grant 9 application for naturalization despite removal proceedings, by stating "[w]e are something of a loss . . . to understand how judicial fiat can overcome the statutory bar of [Section 1429]"). Further, the Court is not persuaded by Awe's argument that the timing of the removal proceedings, which were initiated after he filed suit in this Court, necessitates rejection of Defendants' Motion to Dismiss. While the Court notes Awe's concern that under the current statutory regime, the Government might initiate removal proceedings simply to obstruct judicial consideration of naturalization applications, this concern is most appropriately addressed to Congress, and not this Court. See Saba-Bakare, 507 F.3d at 341 (noting that equitable concerns regarding statutory framework governing immigration and naturalization should be addressed to Congress). Further, both the Sixth and Fifth Circuits dismissed petitions under similar circumstances – namely, where the removal proceedings were initiated after the plaintiff filed for relief in district court. See Zayed, 368 F.3d at 904, 907 (removal proceedings commenced a "few weeks" after plaintiff filed petition for review with district court) ("Regardless of when removal proceedings are initiated, the Attorney General may not naturalize an alien while such proceedings remain pending."); Ajlani, 545 F.3d at 232, 238 (noting that, like in Zayed, removal proceedings were initiated after plaintiff filed for judicial relief) (plaintiff filed suit on October 30, 2006 and removal proceedings formally commenced on December 20, 2006) (finding that district court could not grant relief to plaintiff pending said removal proceedings). Therefore, for the reasons outlined herein, the Court finds that Awe's petition is subject to dismissal without prejudice for failure to state a claim upon which relief can be granted.1 Zayed, 1 Because the Court finds that Section 1429 does nothing to divest this Court of its jurisdiction, the Court finds dismissal appropriate under Rule 12(b)(6), and not Rule 12(b)(1). 10 368 F.3d at 906-07 ("We believe that the dismissal [without prejudice] of [plaintiff's] petition for review must be affirmed. The fact that the statute precludes the relief sought requires this result."); Ajlani, 545 F.3d at 241 (affirming dismissal for failure to state a claim upon which relief could be granted). V. Conclusion For the reasons outlined herein, Defendants' Motion to Dismiss (Doc. 7) is GRANTED and this matter is dismissed without prejudice. A Judgment of Dismissal will be issued forthwith. IT IS SO ORDERED this 6th day of September, 2011. 11


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HomeoPet Hot Spots
HomeoPet Hot Spots 18 18
Hot Spots Homeopet hot spot; If you ask most vets the most frustrating problem we treat in both conventional, integrative or holistic veterinary medicine, it is the ever increasing numbers of allergic and itchy dogs that are coming through our doors every day in veterinary clinical practice. It is often quite frustrating, especially in these economic hard times, to simply prescribe repetitive courses of antibiotics, at best partially effective antihistamines, and long term cortisone and the potential side effects associated with its use to animal guardians' pets, only to see them return a short time later with rebound itching and even worse itchy or infected skin. Many clients can not currently afford the newer more expensive alternative medicines like cyclosporine or atopica, especially in the larger breed dogs, and in a similar light, referrals to dermatologists, and long term treatment plans with restricted diets over many months, expensive blood and/or skin allergy testing that takes up to one year to full evaluate the effect of prescribed allergy vaccines, makes it even harder on clients on fixed incomes and budgets. That is why I always try and recommend the best natural diets I can, preferably one with minimal to no grains in them, as many other commonly prescribed carbohydrate based dry kibbles are often incriminated by many holistic vets as contributing to a syndrome known as leaky gut, and the subsequent development of inflammation elsewhere in the body, including worsening skin inflammation and itching. Along with adjunctive shampoo therapy, and oral supplements like omega 3 fatty acids, DMG liquid and proanthozone from 1800petmeds, these alternative long term supplements, which with continued use, can often lessen amounts of drugs or expensive workups needed in such allergy cases. That is also where such an economic but often effective natural product like homeopet hot spot drops can help in naturally alleviating symptoms in our allergic pets on a SHORT TERM BASIS.. The combination of several common homepathic remedies like sulphur, graphites, rhus tox, and hepar sulph in one remedy can often offer dramatic short term relief during intense allergy and hot spot flareups. However I NEVER recommend using such a product long term more than a few weeks, as with continued combination homeopathic remedy use, efficacy often drops off dramatically, as well as the fact that if clients want to truly cure their pets on a longer term deeper homeopathic level, that they best work with an experienced classical homeopath, who uses one individually prescribed homeopathic remedy at a time, based on the unique symptoms and history of that particular patient. In very sensitive pets, prolonged use can even lead to suppression and disappearance of skin symptoms, resulting in deeper allergic or immune mediated disease in the body, which is not the goal of homeopathic treatment. So while I am fine with the short term use of this product during acute flareups if your pet is not under a professional homeopathic vet's care, long term homeopathic prescribing is best left to a trained and seasoned classical homeopath who can truly allow your pet to gain higher levels of health. So my overall rating of this product is a 4. Its ease of use a 5, however because of its limitation and risk in chronic use, I have to give it an efficacy in those situations of a 3.5, needing professional homepathic veterinary guidance in those clients who can afford such consultations. . 12/19/2008
This is a good one. We started using HomeoPet Hot Spots on our Lab and so far it seems to be working. They are looking much better. They seem to be healing. This is much more reasonable than going to the vet now that we know what they are. We just put the drops on a treat and he takes them willingly. Thanks for such a good product. 12/10/2012
Hot Spots Relief. Harry,my retriever mix,has be plagued with hot spots for years.Recently I decided to try something new so I bought the HomeoPet Hot Spots and the Be Smooth Spray. I can truthfully say,they have been a tremendous help . Harry's sores are healing and he rarely licks them. Thanks from the both of us. 05/16/2012
Mini schnauzer This product has not worked for my poor dog Lilly. She is still scratching all the time. Don't waste your money, this product was a disappointment and did not work the way I hoped it would. 04/27/2012
homeo pet hot spot i give this product 5 stars it really works and makes a big difference in the pets skin condition i will refer this medication to anyone and everyone and i will always have it in my household 04/12/2012
19 Questions · 38 Answers
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1 answer
Homeo Hot Spot
I have a female cat, 5 1/2 years old, I have been giving her Atopica for the past 7 months and she still itches, scratches and licks when she is awake. Will this Hot Spot be better for her than the Atopica. She has dry skin. Your help would be greatly appreciated.
Joan Moon
Whiskers bathing in the sun
Answer:ÂThank you for your question. Please consult with the vet prior to changing the Atopica since it is a prescription medication. You can look into Super Pure Omega 3 as a supplement which will help with the skin and coat of your furry pal.
1 answer
dark hot spots? Now one side has became major large and will leak? AND now the other jaw is growing the same way. It started as a "hot spot?" but kept growing after many vet visits and anti biotics. Vet tested and said does not seem to be cancer?growth. Also his hair is scrace on the two areas. HAS ANY PERSON HAD ANY THING SIMILAR APPEAR ON THIER DOG. i HAVE ALREADY SPENDT OVER 2K ON HIM FOR HOT SPOTS AND TESTS ON THESE LARGE ONES. I WILL SPEND MORE. I JUST WANT TO KNOW IF SOME ONE HAS EXSPERIENCED THIS problem WITH THIER DOG and tried this product??, HOPEFULLY A MASTIFF. I WILL TAKE ANY INFO. Has this product or any product helped? Thank You, KJ
Answer:ÂKJ, I'm very sorry to hear about the problems you are having with your Mastiff's hot spots. We do gaurantee the product 100%, so it is worth a try. If it doesn't help, we will be happy to refund you for the item. You may also want to see a dermatolgical specialist for your fur babies skin problems. They may be able to give you a better diagnosis and treatment plan.
2 answers
should i try this
i was referred to benadryl twice daily, about 50 mgs. now she has a raw spot on her left hip looks bright red,her tail looks brownish where hair is missing what next
Answer:Âhot spots are caused by an allergic reaction to flea bites in dogs and cats...To
prevent Hot Spots.....You need to prevent
fleas.....We carry a wide selection of flea products which you can access on our website.......The oral benadry is helpful in prevent the pet from biting and scratching the area....which causes furthur skin damage.....Once a hot spot has developed....the affected skin often can become smelly....because it is an unhealthy patch of skin...prone to getting yeast and bacterial infections.......I think its a good idea to continue the benadryl.....But also put the pet on a flea medication if you havent done so already......The homeo Pet Hotspots.....would be very helpful in soothing the area...and promoting healing. Take a look at the shampoos we carry....such as Malapet Shampoo....which will address bacteria and yeast. I hope your pet feels better soon !!! If the problem persists....I would advise to see a veterinarian.
Answer:ÂIt would only help the situation to give this item a try. I'm sorry to hear that your fur baby is having skin problems. You may want to also try the Be Soothed Tea Tree Oil spray. Attached is a link to the product.
Note: Any trademarks are the property of their respective companies.
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1800PetMeds.com has earned Veterinary-Verified Internet Pharmacy Practice Sites(CM) (Vet-VIPPS(CM)) accreditation through the National Association of Boards of Pharmacy® (NABP®).


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Simply Vera Vera Wang Special Edition Diamond Flower Engagement Ring in 14k White Gold (5/8 ct. T.W.)
Sorry, the item is out of stock
An enchanting flower design decorated with diamonds makes this Simply Vera Vera Wang engagement ring a breathtaking choice. This special edition item is available for a limited time only. Ring comes in signature blue and white packaging, including a wooden ring box, satiny pouch, gift box with ribbon, and gift bag.
Ring Details:
- Width: 12.1 mm
- Metal: rhodium-plated 14k white gold
- Features: open-worked setting, Vera Wang quote & ring information card
Diamond Details:
- Total weight: 5/8 ct.
- Center stone weight: 1/7 ct.
- Cut: round
- Minimum color grade: I
- Minimum clarity: I2
- Setting: prong
Image(s) may be enlarged to show detail.
Diamond weights are approximate. Diamond total weights may vary between .01 and .08 ct. Some diamonds have fewer than 17 facets.
Rings are sized upon order. For this reason, please expect an actual delivery date later than the date listed on your order confirmation e-mail.
Please note, due to the high value of this item, a signature may be required upon delivery.
Our hassle-free return policy means worry-free shopping.
- Return any item, anytime, for any reason.
- No receipt? No problem. We'll take care of you.
- Yes, you can return it in store (even if you bought it online!).
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and the weekend!
County Looks at Revising Wind Ordinance
The County of Marin is two proposals away from revising decades old ordinances that cover wind generation conversion systems – an issue that has divided ecologists and alternative energy proponents alike. We talk with county planner Omar Pena about what to expect at the Planning Commission meeting on Monday.
Fifty Sleeping Bags in Fifty Days
Turning fifty can be an ordeal for some people. For others, like Forest Knolls resident Todd Pickering, it's an opportunity to help others. Pickering has chosen a unique way to help homeless people as a way of celebrating his fiftieth year on the planet. If you'd like to contact Todd Pickering, send an email to email@example.com, or call him at (707) 548-6231.
Commuting by the West Marin Stage to the East Bay
KWMR Reporter George Clyde checks out the ride on West Marin Stage to get to BART in the East Bay and finds it pretty satisfactory: less than a two-hour ride, with a cost of $6.
and Tuesday, January 12th
Palace Market to Upgrade and Legalize Noise Refrigeration Unit
After noise complaints from neighbors, the Palace Market in Pt. Reyes Station is proposing major renovations to the unpermitted refrigeration condensers it installed in 2008, including a new rooftop unit. The proposal and the County staff recommendations will be considered by the Deputy Zoning Administrator Thursday morning. George Clyde interviews Jim Maestri and Pat Hollern, who live behind the Market, and Mark Switzer of the Pt. Reyes Village Association summarizes a fax that their Design Review Committee has sent to the County.
Supes Approve Local Meadery for PRS
A Honey-Wine production company has been green-lighted by the Board of Supervisors to expand operations to Point Reyes Station. Gordon Hull plans on producing 20,000 cases of the product in West Marin, as well as operate a tasting room.
"Take Me to your Leader..."
In advance of the "Tipping Points" Conference in Cancun, Mexico next week, where people from all over the world will talk over metaphysical matters and Mayan prophecy, local writer Elizabeth Whitney tells us what to expect if we see lights in the skies over West Marin in the next couple of years as part of a personal opinion segment that we call "To the Point."
and Thursday, January 14th
Woman Still Missing – Search Now Switches to Investigation
The search for a missing woman whose vehicle was found at McClure's Beach over the weekend has switched for a ground search to an investigation. We get an update from the Point Reyes National Seashore's John Dell'Osso.
San Geronimo Man Approved to Build Near Creek
After six years of attempting to get his proposed home design approved, Stephen Maloney finally got design approval by the Marin County Planning Commission on Monday. The approval was not welcomed by local Green groups such as the Environmental Action Committee of West Marin or the Salmon Protection and Watershed Network.
Update on the Sanctuary's Plans for Tomales Bay Moorings and Pump-Out Station
The plans of the Gulf of the Farallones National Marine Sanctuary to regulate the moorings on Tomales Bay and for a boat sewage pump-out station on the Bay are going forward, but very slowly. After a public reaction to the Sanctuary's proposals in 2007, a workgroup has been advising the Sanctuary Advisory Council, which itself has generally accepted recommendations to legalize most of the existing moorings, provided technical standards are met. Meanwhile, the efforts to obtain a boat sewage pump-out station on the Bay faces challenges for lack of ideal locations. It could be 2012 before the Sanctuary's plan is implemented. George Clyde speaks with Sanctuary representative Brad Damitz and Pt. Reyes National Seashore Superintendent Don Neubacher.


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According to this article in Cadillac News, a library had decided to rid itself of its LP collection.\"The record collection is being stopped for two reasons: we couldn\'t buy them anymore and the demand wasn\'t there (from patrons)\" Missaukee District Library Director Kathy Glass noted that with a limited budget, it is hard to justify spending money for a compact disc which could have been used for books or other materials.\"
\"Smaller libraries don\'t have the budget (for CDs or music audio cassettes),\" Glass said. \"For every CD you can buy, you could probably get at least one new book, and CDs tend to appeal to less people than a book does.\"
\"With records no longer available at the Cadillac library, fans of the once-popular music format are hard-pressed to find vinyl at any retail establishments in the area.\"
\"No store on the north end of Mitchell Street -- from music retailer On Cue to mega-merchants Kmart, Wal-Mart and Meijer -- carries records anymore.\"
\"You\'ll have to go to the antique store,\" quipped a young woman in Wal-Mart\'s electronics department.\"
\"She was not too far from the truth, as only Fast Cash Asset Exchange and Lighthouse Antiques Coins and Collectibles stores in downtown Cadillac had any vinyl records available.\"
\"Neither establishment carries any new records, and the amount of used records available at both stores is dwarfed by the amount of compact discs on the shelves.\"