Case: Ngwanyia v. Ashcroft

0:02-cv-00502 | U.S. District Court for the District of Minnesota

Filed Date: March 4, 2002

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On March 4, 2002, immigrants granted asylum in the United States filed this class action lawsuit in the U.S. District Court for the District of Minnesota against the Attorney General of the United States and Immigration and Naturalization Services. Plaintiffs alleged that federal immigration agencies and officials had improperly administered the system and waiting list that determined when asylees could become lawful permanent residents and had failed to provide asylees with proper employment e…

On March 4, 2002, immigrants granted asylum in the United States filed this class action lawsuit in the U.S. District Court for the District of Minnesota against the Attorney General of the United States and Immigration and Naturalization Services. Plaintiffs alleged that federal immigration agencies and officials had improperly administered the system and waiting list that determined when asylees could become lawful permanent residents and had failed to provide asylees with proper employment endorsements. Plaintiffs brought this case under the Immigration and Nationality Act (INA), Bivens, and the Administrative Procedures Act (APA), alleging violations of the INA, 8 U.S.C. §§ 1101 et seq.; the APA; 5 U.S.C. § 551 et seq.; and the Due Process and Equal Protection Clauses of the Fifth Amendment. Represented by the American Immigration Law Foundation and the Massachusetts Law Reform Institute, they sought declaratory and injunctive relief as well as class certification.

At issue was the government's handling of "refugee admission numbers." Under the Refugee Act of 1980, the President could annually authorize the admission of up to 50,000 refugees to the U.S. Out of that number, the Attorney General could use up to 10,000 refugee admission numbers to grant lawful permanent resident status (green card) to asylees already in the U.S. Plaintiffs alleged that between 1994 and 2002, over 20,000 refugee admission numbers that had been set aside by the Attorney General for asylee adjustment went unused and that Defendants should have used those numbers to clear out the backlog of asylees who applied for green cards. Plaintiffs further claimed that once refugees were granted asylum the government was required to provide proper work papers to the asylees, but it continually failed to do so. Defendants denied the allegations and took the position that unused refugee admission numbers expired at the end of each fiscal year.

On January 14, 2003, the District Court (Judge Richard H. Kyle) certified the case as a class action on behalf of tens of thousands of asylees, defining the class and subclasses as:

All asylees in the United States who have applied for adjustment of status to lawful permanent residence and whose applications for adjustment remain pending;

Subclass I - All asylees who filed their adjustment of status applications with the INS on or before January 16, 1998;

Subclass II - All asylees who filed their adjustment of status applications after January 16, 1998, and on or before June 9, 1998;

Subclass III - All asylees who filed their adjustment of status applications after June 9, 1998;

Subclass IV - All asylees who applied for or applied to renew an Employment Authorization Document.

The parties then filed cross-motions for summary judgment. On February 12, 2004, Judge Kyle denied Defendants' motion for summary judgment and granted Plaintiffs' cross-motion for summary judgment. Judge Kyle ordered Defendants to (1) use all unused and misused asylee adjustment numbers that had been made available in prior years to adjust the status of asylees and (2) provide all asylees with an employment authorization endorsement that was valid throughout the duration of the alien's status as an asylee. Ngwanyia v. Ashcroft, 302 F.Supp.2d 1076 (D.Minn. 2004). Defendants appealed.

Settlement negotiations followed, and the parties reached a proposed settlement agreement in January 2005. Defendants' appeal was stayed pending court approval of the settlement. The Court conducted a fairness hearing on June 15, 2005, and formally approved the class settlement on July 12, 2005. Ngwanyia v. Gonzales, 376 F.Supp.2d 923 (D.Minn. 2005). Under the Settlement Agreement, the government agreed to make an additional 31,000 asylee adjustment numbers available during 2005-2008 to adjust the status of asylees who had applied for permanent residence. The Agreement also provided for changes to the issuance of work permits to asylees.

The agreement was to remain in effect for three years or until the Defendants completed the requirements of the agreement, whichever was longer. The District Court retained jurisdiction throughout the settlement. The Settlement has since finished and the case is now closed.

Summary Authors

Dan Dalton (11/19/2007)

Mary Kate Sickel (3/25/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4659050/parties/ngwanyia-v-ashcroft/


Judge(s)

Boylan, Arthur J. (Minnesota)

Kyle, Richard House (Minnesota)

Attorneys(s) for Plaintiff

Gomez, Iris (Massachusetts)

Hong, Traci (District of Columbia)

Kenney, Mary (District of Columbia)

Langdon, James K II (Minnesota)

Wettstein, Nadine K. (District of Columbia)

Attorneys(s) for Defendant

Friedman, Nancy E (District of Columbia)

Heffelfinger, Thomas (Minnesota)

Lightbody, Jennifer L (District of Columbia)

Judge(s)

Boylan, Arthur J. (Minnesota)

Kyle, Richard House (Minnesota)

Attorneys(s) for Plaintiff

Gomez, Iris (Massachusetts)

Hong, Traci (District of Columbia)

Kenney, Mary (District of Columbia)

Langdon, James K II (Minnesota)

Wettstein, Nadine K. (District of Columbia)

Attorneys(s) for Defendant

Friedman, Nancy E (District of Columbia)

Heffelfinger, Thomas (Minnesota)

Lightbody, Jennifer L (District of Columbia)

Mack, Greg D. (District of Columbia)

McCallum, Robert D. Jr. (District of Columbia)

Perry, Margaret (District of Columbia)

Siekert, Fred (Minnesota)

Documents in the Clearinghouse

Document

0:02-cv-00502

Docket [PACER]

Sept. 2, 2008

Sept. 2, 2008

Docket
16

0:02-cv-00502

Plaintiffs' Memorandum in Opposition to Defendants’ Motion to Transfer

July 15, 2002

July 15, 2002

Pleading / Motion / Brief
18

0:02-cv-00502

Memorandum in Support of Plaintiffs’ Motion for Class Certification

July 25, 2002

July 25, 2002

Pleading / Motion / Brief
28

0:02-cv-00502

Memorandum Opinion and Order [Re: Transfer]

2002 WL 31371947, 2002 U.S.Dist.LEXIS 20144

Oct. 10, 2002

Oct. 10, 2002

Order/Opinion

0:02-cv-00502

First Amended Complaint Declaratory, Mandamus for Injunctive and Relief - Class Action

Oct. 10, 2002

Oct. 10, 2002

Complaint
37

0:02-cv-00502

Memorandum Opinion and Order [Re: Class Certification]

Jan. 14, 2003

Jan. 14, 2003

Order/Opinion
91

0:02-cv-00502

Memorandum Opinion and Order [Re: Summary Judgment]

302 F.Supp.2d 1076

Feb. 12, 2004

Feb. 12, 2004

Order/Opinion
107

0:02-cv-00502

Settlement Agreement

Jan. 31, 2005

Jan. 31, 2005

Settlement Agreement
108

0:02-cv-00502

Notice of Proposed Settlement Agreement

May 6, 2005

May 6, 2005

Notice Letter
130

0:02-cv-00502

Memorandum Opinion and Order [Re: Settlement Agreement]

Ngwanyia v. Gonzales

376 F.Supp.2d 923

July 12, 2005

July 12, 2005

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4659050/ngwanyia-v-ashcroft/

Last updated Aug. 1, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT − Summons issued. Assigned to Judge Richard H. Kyle per Master list and referred to Magistrate Judge John M. Mason, rcpt no 421940 63pg(s) (DFL) (Entered: 03/06/2002)

March 4, 2002

March 4, 2002

PRO HAC VICES SENT to out of state attorneys: Nadine K. Wettstein, J Traci Hong, Mary Kenney and Iris Gomez (DFL) (Entered: 03/06/2002)

March 4, 2002

March 4, 2002

2

COPIES OF SUMMONSES AND RETURNS OF SERVICE mailed by certified mail upon defendant John Ashcroft, defendant James W Ziglar, defendant INS and U.S. Attorney on 3/5/02 6pg(s) (DFL) (Entered: 03/11/2002)

March 7, 2002

March 7, 2002

4

PETITION AND ORDER for admission pro hac vice ( Clerk Richard D. Sletten ) on behalf of plaintiffs by NadineK. Wettstein 1pg(s) (DFL) (Entered: 04/16/2002)

April 12, 2002

April 12, 2002

5

PETITION AND ORDER for admission pro hac vice ( Clerk Richard D. Sletten ) on behalf of plaintiffs by J. Traci Hong 1pg(s) (DFL) (Entered: 04/16/2002)

April 12, 2002

April 12, 2002

6

PETITION AND ORDER for admission pro hac vice ( Clerk Richard D. Sletten ) on behalf of plaintiffs by Mary A. Kenney 1pg(s) (DFL) (Entered: 04/16/2002)

April 12, 2002

April 12, 2002

8

JOINT MOTION to extend time to answer or otherwise respond to Pltfs' complaint (to Magistrate Judge John M. Mason) 3pg(s) (GJS) (Entered: 05/02/2002)

May 1, 2002

May 1, 2002

7

PETITION AND ORDER for admission pro hac vice ( Clerk Richard D. Sletten ) on behalf of John Ashcroft by Greg D Mack. 1 pg(s) (VEM) (Entered: 05/02/2002)

May 2, 2002

May 2, 2002

9

ORDER (Magistrate Judge John M. Mason / 5/3/02) granting motion to extend time to answer or otherwise respond to Pltfs' complaint [8−1] 1pg(s) (cc: all counsel) (GJS) (Entered: 05/07/2002)

May 3, 2002

May 3, 2002

10

ANSWER by defendants 26pg(s) (GJS) (Entered: 05/29/2002)

May 28, 2002

May 28, 2002

11

LETTER RE: SVC OF DISPOSITIVE MOTION PAPERS by defendants to transfer case (to Judge Richard H. Kyle) 2pg(s) (GJS) (Entered: 06/17/2002)

June 14, 2002

June 14, 2002

12

NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE ( Clerk Richard D. Sletten /) Case referred to Magistrate Judge Arthur J. Boylan 1 pg(s) (cc: all counsel) (VEM) (Entered: 06/19/2002)

June 19, 2002

June 19, 2002

13

MOTION by defendants to transfer case (to Judge Richard H. Kyle) 3pg(s) (GJS) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

14

MEMORANDUM in support of motion to transfer case [13−1] 10pg(s) (GJS) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

15

EXHIBITS IN SUPPORT OF DEFENDANTS' MOTION TO TRANSFER [13−1] 2+pg(s) (GJS) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

16

MEMORANDUM by plaintiffs in opposition to motion to transfer case [13−1] 11pg(s) (GJS) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

17

MOTION by plaintiffs to certify class action ( to Judge Richard H. Kyle ). 5 pg(s) (JVN) Modified on 07/25/2002 (Entered: 07/25/2002)

July 25, 2002

July 25, 2002

18

MEMORANDUM by plaintiffs in support of motion to certify class action. [17−1] 17 pg(s) (JVN) (Entered: 07/25/2002)

July 25, 2002

July 25, 2002

19

EXHIBITS by plaintiffs in support of motion for class certification. [17−1] 70+ pg(s) (JVN) Modified on 07/25/2002 (Entered: 07/25/2002)

July 25, 2002

July 25, 2002

20

ORDER (Judge Richard H. Kyle / 7/29/02) The Court will hear oral argument on the pending motion to transfer and resolve that motion before scheduling the motion for class certification. If the mtn to transfer is granted the class certification motion will also be transferred. The Defendants ahll serve a reply memorandum with respect to the motion to transfer. Counsel are directed to contact Ms. Siebrecht to secure a date for the Reply Mrmorandum and a hearing date for the motion to transfer 1pg(s) (cc: all counsel) (GJS) (Entered: 07/30/2002)

July 29, 2002

July 29, 2002

21

MEMORANDUM by defendants in opposition to motion to certify class action [17−1] 16pg(s) (SEA) (Entered: 08/06/2002)

July 29, 2002

July 29, 2002

22

REPLY by plaintiffs to defts' opposition to pltf's motion to certify class action. [17−1] 7 pg(s) (VEM) (Entered: 08/08/2002)

Aug. 6, 2002

Aug. 6, 2002

23

REPLY by defendant to Plaintiff's Oppositon to Defendant's motion to transfer case [13−1] 6pg(s) (GJS) (Entered: 08/10/2002)

Aug. 7, 2002

Aug. 7, 2002

24

CORRECTION TO MEMORANDUM by plaintiff in opposition to motion to transfer case. [13−1] 2+ pg(s) (VEM) (Entered: 08/14/2002)

Aug. 12, 2002

Aug. 12, 2002

25

ORDER ( Judge Richard H. Kyle ) the 9/13/02 hearing is canceled and the motion to transfer is deemed submitted upon the writeen record. [13−1] 1 pg(s) (cc: all counsel) (VEM) (Entered: 08/30/2002)

Aug. 30, 2002

Aug. 30, 2002

27

MOTION by plaintiff to amend complaint.( to Magistrate Judge Arthur J. Boylan ) 3+ pg(s) (VEM) (Entered: 10/17/2002)

Oct. 10, 2002

Oct. 10, 2002

28

MEMORANDUM, OPINION, AND ORDER: ( Judge Richard H. Kyle /) Defts' motion to transfer case is denied. [13−1] 7 pg(s) (cc: all counsel) (VEM) (Entered: 10/17/2002)

Oct. 10, 2002

Oct. 10, 2002

29

NOTICE of setting hearing of Pltf's motion to certify class action to Judge Richard H. Kyle [17−1] at 9:00 am on 11/26/02. 1 pg(s) (VEM) (Entered: 10/23/2002)

Oct. 18, 2002

Oct. 18, 2002

30

ORDER ( Magistrate Judge Arthur J. Boylan)Pltfs' motion to amend complaint granted and directs that the first amended complaint be filed. [27−1] 1 pg(s) (cc: all counsel) (VEM) (Entered: 10/24/2002)

Oct. 21, 2002

Oct. 21, 2002

31

UNOPPOSED MOTION by defendants for an extension of time to file an amended answer or other response to Pltfs' first amended complaint. ( to Magistrate Judge Arthur J. Boylan ) 3 pg(s) (VEM) (Entered: 11/04/2002)

Oct. 28, 2002

Oct. 28, 2002

32

ORDER ( Magistrate Judge Arthur J. Boylan ) Defts shall be granted an extension of time until 11/13/02 to file an amended answer or otherwise response to Pltfs' first amended complaint. [31−1] 1pg(s) (cc: all counsel) (VEM) (Entered: 11/04/2002)

Oct. 29, 2002

Oct. 29, 2002

33

ADDENDUM by plaintiffs to First Amended Complaint for Declaratory, Mandamus and Injunctive Relief Class Action 8pg(s) (GJS) (Entered: 11/16/2002)

Nov. 12, 2002

Nov. 12, 2002

34

ANSWER by defendant John Ashcroft, defendant James W Ziglar, defendant INS 32pg(s) (GJS) (Entered: 11/16/2002)

Nov. 13, 2002

Nov. 13, 2002

35

MINUTES:( Judge Richard H. Kyle / R. Riley) taking under advisement Pltf's motion to certify class action. [17−1] 1 pg(s) (VEM) (Entered: 12/04/2002)

Nov. 26, 2002

Nov. 26, 2002

36

AMENDED COMPLAINT [1−1] by plaintiff; terminating Fuad Sumo, Salah Farah, Fakmi Hysenaj, Jaci Caetano Pereira, Arslan Durrani, Stella Emuwahen Erhabor, Patrick Davies, Vera Catalina Castillo Ramirez, Akbar L Ng, Dieuzeve Joseph; adding Vladimir Kashirsky, Susan Y Pafe, Kuevir Rafou Ekue−Hettah, Oleg Averianov, Sokhavuddh Moeun, Miguel Candido Silvestre Montejo, Didace Nzeyimana, Dieulila Vil, Bassam Hantouli, Pavel E Gubanikhin, Bineyam Kassahun, Issette Kassahun, Alexander Marfo, Tareq M Dreiza, Toko Maurice Mbungu, Arturo Javier Reynoso Madrigal, Djavanshir Gradjiev, Sonia S Santisteban, Gerardo R. Vidal Sic, Samon Som. 70 pg(s) (VEM) Modified on 8/11/2004 (vem). (Entered: 12/05/2002)

Nov. 26, 2002

Nov. 26, 2002

37

MEMORANDUM, OPINION, AND ORDER: ( Judge Richard H. Kyle / 1/14/03) granting Plaintiff's motion to certify class action [17−1] 13pg(s) (cc: all counsel) (GJS) (Entered: 01/17/2003)

Jan. 14, 2003

Jan. 14, 2003

38

NOTICE OF PRETRIAL CONFERENCE( Magistrate Judge Arthur J. Boylan / 1/28/03) ; pretrial status conference set for 10:00am on 3/4/03 ; Rule report ddl set for 2/24/03 1pg(s) (cc: all counsel) (GJS) (Entered: 01/30/2003)

Jan. 28, 2003

Jan. 28, 2003

39

REPORT OF RULE 26(f) MEETING 8pg(s) (GJS) (Entered: 02/26/2003)

Feb. 24, 2003

Feb. 24, 2003

40

MOTION by defendant John Ashcroft to extend time to file a response to the notice of pretrial conference (to Magistrate Judge Arthur J. Boylan 5pg(s) (GJS) (Entered: 02/26/2003)

Feb. 24, 2003

Feb. 24, 2003

41

ORDER ( Magistrate Judge Arthur J. Boylan ) that Defts shallhave until 2/26/03 to file a memorandum or other response to the notice of pretrial conference. [40−1] 1 pg(s) (cc: all counsel) (VEM) (Entered: 02/28/2003)

Feb. 24, 2003

Feb. 24, 2003

43

PRETRIAL SCHEDULING ORDER (Magistrate Judge Arthur J. Boylan / 3/4/03) ; amd pleadings set for 9/1/03 ; discovery set for 10/1/03 ; non−dispositive motions set for 10/1/03 ; dispositive motions set for 12/1/03 ; ready for trial set for 3/1/04 2pg(s) (cc: all counsel) (GJS) (Entered: 03/06/2003)

March 4, 2003

March 4, 2003

44

LETTER RE: SVC OF DISPOSITIVE MOTION PAPERS by plaintiff for partial summary judgment. SVRLTE. ( to Judge Richard H. Kyle ) 2 pg(s) (VEM) (Entered: 08/07/2003)

Aug. 4, 2003

Aug. 4, 2003

57

MOTION by plaintiffs for partial summary judgment.( to Judge Richard H. Kyle ) 5 pg(s) (VEM) Modified on 10/29/2003 (Entered: 09/19/2003)

Aug. 4, 2003

Aug. 4, 2003

45

PETITION AND ORDER for admission pro hac vice (Clerk Richard D. Sletten) on behalf of defendant The Department of Homeland Security by Jennifer L Lightbody 1pg(s) (cc: all counsel) (BLW (Entered: 08/07/2003)

Aug. 5, 2003

Aug. 5, 2003

46

UNOPPOSED MOTION by defendants' for extension of time to file a response to pltfs' motion for partial summary judgment until 9/10/03 (to Judge Richard H. Kyle) no date/time noticed 3pg(s) (BLW (Entered: 08/26/2003)

Aug. 25, 2003

Aug. 25, 2003

47

ORDER (Magistrate Judge Arthur J. Boylan / 8/25/03) granting defts' unopposed motion for extension of time to file a response to pltfs' motion for partial summary judgment until 9/10/03 [46−1] pg(s) (cc: all counsel) (BLW (Entered: 09/02/2003)

Aug. 25, 2003

Aug. 25, 2003

48

JOINT MOTION of the parties to amend the pretrial scheduling order (to Magistrate Judge Arthur J. Boylan) 5pg(s) (BLW (Entered: 09/04/2003)

Sept. 3, 2003

Sept. 3, 2003

49

AMENDED SCHEDULING ORDER (Magistrate Judge Arthur J. Boylan / 9/3/04) ; amd pleadings &parties by 9/15/03 ; discovery completed by 10/15/03 ; dispositive motions served, filed and heard by 1/1/04 ; ready for trial set on 4/1/04 2pg(s) (cc: counsel) (BLW (Entered: 09/09/2003)

Sept. 4, 2003

Sept. 4, 2003

50

CROSS MOTION by defendant to dismiss in part ) , or in the alternative for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment ( to Judge Richard H. Kyle ). 4 pg(s) (HLL) Modified on 09/11/2003 (Entered: 09/11/2003)

Sept. 10, 2003

Sept. 10, 2003

51

MEMORANDUM by defendants in support of cross motion to dismiss in part ) [50−1], or in the alternative to motion for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment. [50−2] 45 pg(s) (HLL) (Entered: 09/11/2003)

Sept. 10, 2003

Sept. 10, 2003

52

EXHIBITS by defendant [50−1], [50−2] in support of defendants' motion to dismiss in part or, in the alternative, for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment. 64 pg(s) (HLL) (Entered: 09/11/2003)

Sept. 10, 2003

Sept. 10, 2003

53

MOTION by defendant for order to exceed page limitations( to Judge Richard H. Kyle ). 4 pg(s) (HLL) (Entered: 09/11/2003)

Sept. 10, 2003

Sept. 10, 2003

54

MOTION by defendants for leave to file correct exhibits ( to Judge Richard H. Kyle ). 4 pg(s) (HLL) (Entered: 09/15/2003)

Sept. 11, 2003

Sept. 11, 2003

58

MEMORANDUM by plaintiff in support of motion for partial summary judgment. [57−1] 31 pg(s) (VEM) (Entered: 09/19/2003)

Sept. 12, 2003

Sept. 12, 2003

59

EXHIBITS by plaintiff in connection with Petitioner's mtoion for summary judgment. [57−1] 60 pg(s) (VEM) (Entered: 09/19/2003)

Sept. 12, 2003

Sept. 12, 2003

55

NOTICE REGARDING SUBSTITUTION OF PARTIES by defendants 4pg(s) (GJS) (Entered: 09/18/2003)

Sept. 15, 2003

Sept. 15, 2003

56

ORDER ( Judge Richard H. Kyle / 9/15/03) granting motion for order to exceed page limitations by Defendants. [53−1] 1pg(s) (cc: all counsel) (GJS) (Entered: 09/18/2003)

Sept. 15, 2003

Sept. 15, 2003

60

CORRECTED EXHIBITS by defendant in support of motion to dismiss [50−1]. 57pg(s) (GJS) (Entered: 09/29/2003)

Sept. 22, 2003

Sept. 22, 2003

62

ORDER (Magistrate Judge Arthur J. Boylan / 10/3/03) granting pltfs' unopposed motion to extend briefing schedule, Re: plaintiffs' motion for partial summary judgment and defendants' cross motion to dismiss or for summary judgment and pltfs' shall have until 10/10/03, to file their response [61−1] 1pg(s) (cc: all counsel) (BLW (Entered: 10/06/2003)

Oct. 3, 2003

Oct. 3, 2003

63

RESPONSE/REPLY BRIEF by plaintiff to deft's opposition to pltf's motion for partial summary judgment [57−1] and deft's cross−motion for dismissal or summary judgment. [50−1] 16 pg(s) (HLL) (Entered: 10/14/2003)

Oct. 10, 2003

Oct. 10, 2003

64

REPLY by defendants to Plaintiff's response to Defendants Oppositon to Plaintiffs' motion for Partial Summary Judgment and Defendants Cross Motion for Dismissal in part or partial summary judgment [63−1]. 13pg(s) (GJS) (Entered: 10/22/2003)

Oct. 20, 2003

Oct. 20, 2003

65

REPLY by defendants to Plaintiffs' Response/Reply to motion for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment [50−2], to motion to dismiss in part)[50−1]. 12 pg(s) (GJS) (Entered: 10/24/2003)

Oct. 21, 2003

Oct. 21, 2003

66

MEMORANDUM by plaintiffs in support of motion for partial summary judgment. [57−1] 31pg(s) (DFL) (Entered: 10/29/2003)

Oct. 23, 2003

Oct. 23, 2003

67

EXHIBITS by plaintiffs in support of motion for partial summary judgment. [57−1] (DFL) (Entered: 10/29/2003)

Oct. 23, 2003

Oct. 23, 2003

68

SECOND MOTION by plaintiffs for partial summary judgment on Claims IV, V, and VI of their Complaint. ( to Judge Richard H. Kyle ). 5 pg(s) (HLL) (Entered: 10/29/2003)

Oct. 24, 2003

Oct. 24, 2003

69

CORRECTED MEMORANDUM by plaintiff in support of second motion for partial summary judgment on Claims IV, V, and VI of their [68−1] 30 pg(s) (HLL) (Entered: 10/29/2003)

Oct. 24, 2003

Oct. 24, 2003

70

NOTICE OF MOTION HEARING. The Motions are re−scheduled to 12/10/03 at 8:00 a.m. before Judge Richard H. Kyle. Motions were previously scheduled for hearing on 12/9/03. 1 pg(s) (cc:all counsel) (HLL) Additional attachment(s) added on 10/22/2004 (akl). (Entered: 11/04/2003)

Oct. 29, 2003

Oct. 29, 2003

71

NOTICE OF ASSIGNMENT OF CASES FOR TRIAL BEFORE JUDGE KYLE (Calendar Clerk for Judge Richard H. Kyle / 11/12/03) ; deemed ready for court trial 4/1/04 6pg(s) (cc: all counsel) (BLW Additional attachment(s) added on 10/22/2004 (akl). (Entered: 11/15/2003)

Nov. 13, 2003

Nov. 13, 2003

72

NOTICE OF VOLUNTARY DISMISSAL by plaintiff Kuevir Rafou Ekue−Hettah. 1pg(s) (GJS) (Entered: 11/24/2003)

Nov. 19, 2003

Nov. 19, 2003

73

NOTICE of hearing setting hearing for motion for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment ( to Judge Richard H. Kyle ). [50−2] at <date not set>, setting hearing for motion for partial summary judgment on Claims IV, V, and VI of their Complaint. ( to Judge Richard H. Kyle ). [68−1] at <date not set> pg(s) (GJS) (Entered: 11/24/2003)

Nov. 19, 2003

Nov. 19, 2003

74

NOTICE of hearing setting hearing for motion for partial summary judgment on Claims IV, V, and VI of their Complaint. [68−1] and setting hearing for motion for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment [50−2] at 8:00am on 1/12/04 1pg(s) (GJS) Additional attachment(s) added on 10/22/2004 (akl). (Entered: 11/24/2003)

Nov. 19, 2003

Nov. 19, 2003

75

MOTION by defendants John Ashcroft, James W Ziglar, and INS for partial summary judgment ( to Judge Richard H. Kyle ) 3pg(s) (GJS) Modified on 12/12/2003 (Entered: 12/09/2003)

Dec. 5, 2003

Dec. 5, 2003

76

RESPONSE by defendant John Ashcroft, defendant James W Ziglar, defendant INS to motion for partial summary judgment on Claims IV, V, and VI of their Complaint.[68−1] 25pg(s) (GJS) Modified on 12/12/2003 (Entered: 12/09/2003)

Dec. 5, 2003

Dec. 5, 2003

78

REPLY TO DEFENDANTS'S RESPONSE to plaintiff to motion for partial summary judgment on Claims IV, V, and VI of their Complaint. ([68−1], to Defendant's cross− motion for partial summary judgment [75−1]. 22pg(s) (GJS) (Entered: 12/26/2003)

Dec. 22, 2003

Dec. 22, 2003

79

EXHIBITS IN SUPPORT of Reply ReL Second Motion for Partial Summary Judgment [68−1], and cross−motion for partial summary judgment [75−1]. 38pg(s) (GJS) (Entered: 12/26/2003)

Dec. 22, 2003

Dec. 22, 2003

80

NOTICE by plaintiffs of setting hearing for motion for summary judgment to Judge Richard H. Kyle [68−1] at 9:00 am on 1/27/04. 2 pg(s) (VEM) (Entered: 01/11/2004)

Jan. 8, 2004

Jan. 8, 2004

81

ORDER ( Judge Richard H. Kyle / 1/20/04) Defendants shall submit a short reply/respons brief t Plaintiffs' Reply to Defendants Response to Plaintiffs' Second Motion for Partial Summary Judgment and to Defendants' Cross−Motion for Partial Summary Judgment by 12:00pm, January 26, 2003. 2pg(s) (cc: all counsel) ( Additional attachment(s) added on 10/22/2004 (akl). (Entered: 01/21/2004)

Jan. 20, 2004

Jan. 20, 2004

82

REPLY by defendants to plaintiff's response to defendants' cross−motion for partial summary judgment [50−2], and for partial summary judgment. [75−1] 11 pg(s) (HLL) (Entered: 01/28/2004)

Jan. 26, 2004

Jan. 26, 2004

83

DEFENDANTS' STATUS REPORT CONCERNING PROCESSING OF ASYLUM ADJUSTMENT APPLICATIONS. 5 pg(s) (HLL) (Entered: 01/28/2004)

Jan. 26, 2004

Jan. 26, 2004

84

EXHIBITS by defendants in support of reply to plaintiffs' response to defendants' cross−motion for partial summary judgment. [82−1] 31 pg(s) (HLL) (Entered: 01/28/2004)

Jan. 26, 2004

Jan. 26, 2004

85

NOTICE OF ADDITIONAL EXHIBITS by plaintiffs in support of plaintiffs' second motion for partial summary judgment. [68−1] 11 pg(s) (HLL) (Entered: 01/28/2004)

Jan. 26, 2004

Jan. 26, 2004

86

AFFIDAVIT of Mark N. Yeager regarding motion for partial summary judgment on Claims IV, V, and VI of their Complaint. [68−1] 2 pg(s) (HLL) (Entered: 01/28/2004)

Jan. 26, 2004

Jan. 26, 2004

87

MINUTES:( Judge Richard H. Kyle / R. Riley) re: Motion for partial summary judgment [75−1], Motion to dismiss in part [50−1], and Motion for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment are all taken under advisement. [50−2] 1 pg(s) (JMM) (Entered: 01/28/2004)

Jan. 27, 2004

Jan. 27, 2004

88

ADDITIONAL EXHIBITS by plaintiffs in support of plaintiffs' second motion for partial summary judgment. [68−1] 5 pg(s) (JMM) (Entered: 01/28/2004)

Jan. 27, 2004

Jan. 27, 2004

89

EXHIBITS by defendants in support of the Reply to Defendants Cross−Motion for Partial Summary Judgment. 6pg(s) (GJS) (Entered: 02/02/2004)

Jan. 30, 2004

Jan. 30, 2004

90

ORDER ( Judge Richard H. Kyle / 1/30/04) Re: schedule for submissions materials for April, 2004; certain materials are to be exchanged and filed by 3/16/04; responsive briefs to motions in limine, written objections and replies to trial briefs by 3/23/04 and responses to written objections by 3/30/04. 1pg(s) (cc: all counsel) (DFL) Additional attachment(s) added on 10/22/2004 (akl). (Entered: 02/03/2004)

Jan. 30, 2004

Jan. 30, 2004

91

MEMORANDUM, OPINION, AND ORDER: ( Judge Richard H. Kyle / 2/12/04) granting Plaintiffs' Motion for Partial Summary Judgment {57} denying motion for partial summary judgment [75−1] granting motion for partial summary judgment on Claims IV, V, and VI [68−1], denying motion to dismiss in part ) [50−1] denying motion for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment. [50−2]. this Order is STAYED until time for appealing therefrom has expired, and, if an appeal is taken, the stay is continued throughut the pendency of the appeal. 25 pg(s) (cc: all counsel) (GJS) Additional

Feb. 12, 2004

Feb. 12, 2004

93

NOTICE OF FINAL Settlement Conference set for 3/17/2004 at 02:00 PM before Magistrate Judge Arthur J Boylan. Signed by Judge Arthur J Boylan on 2/19/04. 1pg(s)(GJS) Modified on 4/5/2004 (Schneider, Gloria). (Entered: 02/19/2004)

Feb. 19, 2004

Feb. 19, 2004

94

NOTICE OF CANCELLATION − Settlement Conference set for 3/17/04 at 2:00pm is CANCELED.. Signed by Judge Arthur J Boylan on 3/8/04. 1pg(s)(GJS) (Entered: 03/09/2004)

March 8, 2004

March 8, 2004

95

ORDER that any and all claims not addressed in the Court's Order of February 12, 2004 are hereby DISMISSED WITH PREJUDICE. The Court expressly retains jurisdiction over the remedy set forth in its Order of February12, 2004. Signed by Judge Richard H Kyle on 03/09/2004. Attachments: # 1 Exhibit A.(kll) (Entered: 03/09/2004)

March 9, 2004

March 9, 2004

96

Letter to Judge Kyle from Mary Kenney − Counsel for Plaintiffs, requesting that the current trial date of 4/1/04 be postponed indefinitely. 1pg(s) (GJS) (Entered: 03/09/2004)

March 9, 2004

March 9, 2004

97

MOTION for Post−Judgment Relief re 91 Memorandum Opinion and Order, and 92 Judgment by John Ashcroft, Immigration and Naturalization Service, James W Ziglar. 6pg(s) (GJS) (Entered: 04/19/2004)

April 9, 2004

April 9, 2004

98

MEMORANDUM in Support re 97 MOTION Post−Judgment Relief re 91 Memorandum Opinion and Order, and 92 Judgment . 7pg(s) (GJS) (Entered: 04/19/2004)

April 9, 2004

April 9, 2004

99

NOTICE OF APPEAL to the Eighth Circuit Court of Appeals as to 91 Memorandum Opinion and Order 92 and Judgment, both dated 2/12/04, filed by John Ashcroft, Immigration and Naturalization Service, James W Ziglar. 3pg(s) (GJS) (Entered: 04/19/2004)

April 9, 2004

April 9, 2004

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 99 Notice of Appeal. Delivered/mailed two certified and one uncertified copy of each of the following to the Court of Appeals: St. Paul Office: Notice of Appeal, Order, Judgment and District Court's Docket Sheet. (GJS) (Entered: 04/19/2004)

April 19, 2004

April 19, 2004

100

Plaintiffs' MEMORANDUM in Opposition re 97 MOTION Post−Judgment Relief re 91 Order and 92 Order. 7pgs (CK) (Entered: 04/23/2004)

April 21, 2004

April 21, 2004

101

REPLY to Response to Motion re 97 MOTION Post−Judgment Relief re 91 filed by Defendants John Ashcroft, Immigration and Naturalization Service, James W Ziglar.6pg(s) (GJS) (Entered: 05/05/2004)

April 30, 2004

April 30, 2004

USCA Case Number 04−2170 for 99 Notice of Appeal filed by Immigration and Naturalization Service, John Ashcroft, James W Ziglar. (GJS) (Entered: 05/27/2004)

May 25, 2004

May 25, 2004

102

ORDER − denying post judgment relief (Doc. 97) is denied. Signed by Judge Richard H Kyle on 6/7/04. (ds) (Entered: 06/07/2004)

June 7, 2004

June 7, 2004

103

TRANSCRIPT of Proceedings of Plaintiff's Motion for Partial Summary and Defendants Motion to Dismiss and Motion for Partial Summary Judgment held on January 27, 2004 before Judge Richard H. Kyle. Court Reporter: Robert Riley. (SEPARATE) (GJS) (Entered: 06/29/2004)

June 25, 2004

June 25, 2004

Case Details

State / Territory: Minnesota

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 4, 2002

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All asylees in the United States who have applied for adjustment of status to lawful permanent residence and whose applications for adjustment remain pending; 4 separate subclasses established.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Citizen and Immigration Services, Federal

United States Attorney General, Federal

Department of Homeland Security, Federal

Immigration and Naturalization Service, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2005 - 2008

Issues

General:

Wait lists

Discrimination-basis:

Immigration status

Immigration/Border:

Asylum - criteria

Asylum - procedure

Constitutional rights

Employment

Status/Classification

U.S. citizenship - acquiring