Case: Aziz v. Gonzales

2:06-cv-04791 | U.S. District Court for the Central District of California

Filed Date: Aug. 1, 2006

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On August 1, 2006, the ACLU of Southern California, the ACLU Immigrants Rights Project and the Counsel on American-Islamic Relations, California Chapter, filed suit in the U.S. District Court for the Central District of California, seeking citizenship for ten legal permanent residents who had satisfied all the criteria for citizenship, but whose applications had not been acted upon by the U.S. Citizenship and Immigration Services for two years or more. Plaintiffs alleged that their applicati…

On August 1, 2006, the ACLU of Southern California, the ACLU Immigrants Rights Project and the Counsel on American-Islamic Relations, California Chapter, filed suit in the U.S. District Court for the Central District of California, seeking citizenship for ten legal permanent residents who had satisfied all the criteria for citizenship, but whose applications had not been acted upon by the U.S. Citizenship and Immigration Services for two years or more. Plaintiffs alleged that their applications were unreasonably delayed due to the performance of a background check known as a "name check" by the FBI, for which no completion deadlines were set. Plaintiffs sought declaratory and injunctive relief to force the government to adjudicate Plaintiffs' naturalization applications within 120 of their naturalization examinations.

Shortly thereafter, the parties settled the case. On January 8, 2007, the Court entered a stipulation and order, whereby the plaintiffs withdrew their class action allegations and their requests for class wide relief and the court dismissed the case. The U.S. Citizenship and Immigration Services agreed to adjudicate the named plaintiffs' naturalization applications within 10 or 30 days from the order. The parties subsequently resolved plaintiffs' claim for attorneys' fees.

Summary Authors

Dan Dalton (10/22/2007)

People


Judge(s)

Anderson, Percy (California)

Attorneys(s) for Plaintiff

Guttentag, Lucas (California)

Natarajan, Ranjana (California)

Rosenbaum, Mark Dale (California)

Wang, Cecillia D (California)

Attorneys(s) for Defendant

Finn, Kevin B (California)

Stevens, Elizabeth Jones (District of Columbia)

Judge(s)

Anderson, Percy (California)

Attorneys(s) for Plaintiff

Guttentag, Lucas (California)

Natarajan, Ranjana (California)

Rosenbaum, Mark Dale (California)

Wang, Cecillia D (California)

Attorneys(s) for Defendant

Finn, Kevin B (California)

Stevens, Elizabeth Jones (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 26, 2007 Docket

Southern Californians Demand Citizenship After Excessive Delays

No Court

Aug. 1, 2006 Press Release
1

Complaint for Declaratory and Injunctive Relief; Petitions for Naturalization

Aug. 1, 2006 Complaint
18

Stipulation of Withdrawal of Class Allegations and Dismissal; Order Thereon

Aziz v. Gonzales

Jan. 8, 2007 Order/Opinion

Resources

Title Description External URL

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against defendants Alberto Gonzales, Michael Chertoff, Emilio T Gonzalez, Jane Arellano, Robert S Mueller, III. (No Filing fee required) filed by plaintiffs Samina Khwaja, Kolood Al-Kafaji, Ibrahim Batliwala, Imran Chaudhry, Mustafa Aziz, Lamia El Feky, Muhammad Malik, Mustafa Osman, Sami Trad, Yousuf Bhaghani.(jag, ) (Entered: 08/07/2006)

Aug. 1, 2006

FAX number for Attorney Ranjana Natarajan, Mark D Rosenbaum is 213-250- 3919. (jag, ) (Entered: 08/07/2006)

Aug. 1, 2006

FAX number for Attorney Lucas Guttentag, Cecillia D Wang is 415-395-0950. (jag, ) (Entered: 08/07/2006)

Aug. 1, 2006
2

NOTICE of Interested Parties filed by Plaintiffs Samina Khwaja, Kolood Al- Kafaji, Ibrahim Batliwala, Imran Chaudhry, Mustafa Aziz, Lamia El Feky, Muhammad Malik, Mustafa Osman, Sami Trad, Yousuf Bhaghani. (jag, ) (Entered: 08/07/2006)

Aug. 1, 2006
3

STATEMENT of Related Case(s) filed by plaintiffs Samina Khwaja, Kolood Al- Kafaji, Ibrahim Batliwala, Imran Chaudhry, Mustafa Aziz, Lamia El Feky, Muhammad Malik, Mustafa Osman, Sami Trad, Yousuf Bhaghani. Related Case (s): n/a (jag, ) (Entered: 08/07/2006)

Aug. 1, 2006
4

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(jag, ) (Entered: 08/07/2006)

Aug. 1, 2006

Summons Issued re Complaint - (Discovery),[1] as to Alberto Gonzales, Michael Chertoff, Emilio T Gonzalez. (bg, ) (Entered: 08/07/2006)

Aug. 1, 2006
5

STANDING ORDER by Judge Percy Anderson: This action has been assigned to the calendar of Judge Percy Anderson. All counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. See document for further details. (gk, ) (Entered: 08/10/2006)

Aug. 7, 2006
6

PROOF OF SERVICE Executed by Plaintiffs upon Emilio T. Gonzales, in his official capacity as Director of U.S. Citizenship and Immigration Services, served on 8/2/2006, answer due 10/1/2006. The Summons and Complaint were served by personal, by Federal statute. Service accepted by Jonathan Katz, Associate Counsel, authorized to accept service. Original Summons not returned. (gk, ) (Entered: 08/25/2006)

Aug. 24, 2006
7

PROOF OF SERVICE Executed by Plaintiffs upon Michael Chertoff, in his official capacity as Secretary of the U.S. Department of Homeland Security, served on 8/2/2006, answer due 10/1/2006. The Summons and Complaint were served by personal, by Federal statute. Service accepted by Jonathan Katz, Associate Counsel, authorized to accept service. Original Summons not attached. (gk, ) (Entered: 08/25/2006)

Aug. 24, 2006
8

PROOF OF SERVICE Executed by Plaintiffs upon Jane Arellano, in her official capacity as Field Director of the Los Angeles District of U.S. Citizenship and Immigration Services, served on 8/2/2006, answer due 10/1/2006. The Summons and Complaint were served by personal service, by Federal statute. Service accepted by Jonathan Katz, Associate Counsel, authorized to accept srevice. Original Summons not attached. (gk, ) (Entered: 08/25/2006)

Aug. 24, 2006
9

PROOF OF SERVICE Executed by Plaintiffs upon Alberto Gonzales, in his official capacity as Attorney General of the United States, served on 8/2/2006, answer due 10/1/2006. The Summons and Complaint were served by personal service, by Federal statute. Service accepted by Genoveve Ortega, Legal Clerk, authorized to accept service on behalf of U.S. Attorney. Original Summons not returned. (gk, ) Modified on 8/25/2006 (gk, ). (Entered: 08/25/2006)

Aug. 24, 2006
10

PROOF OF SERVICE Executed by Plaintiffs upon Robert S. Mueller, III served on 8/3/2006, answer due 10/2/2006. The Summons and Complaint were served by substituted service, by State statute. Service accepted by Deno "Doe," hispanic male, 40 years old, black hair, brown eyes, 5 feet 8 inches, 165 pounds, person in charge and by first class mail on 8/3/2006. Original Summons not returned. (gk, ) (Entered: 08/25/2006)

Aug. 24, 2006
11

STIPULATION AND ORDER by Judge Percy Anderson that the claims of Mustafa Aziz, Muhammad Malik, Lamia El Feky, Imran Chaudhry, Mustafa Osman, Kolood Al-Kafaji, and Samina Omar Khwaja only, are dismissed without prejudice, with each party to bear its own costs and fees, including attorney fees.(gk, ) (Entered: 10/04/2006)

Oct. 3, 2006
12

STIPULATION to Extend Time for Defendants to Answer; ORDER by Judge Percy Anderson that Defendants Alberto Gonzales; Michael Chertoff; Emilio T Gonzalez; Jane Arellano; Robert S Mueller, III shall respond to the Complaint on or before 11/1/2006. (jp) (Entered: 10/19/2006)

Oct. 18, 2006
14

ANSWER to Complaint [1] filed by Federal Defendants Alberto Gonzales, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S. Mueller, III. (gk, ) (Entered: 11/06/2006)

Nov. 1, 2006
13

SCHEDULING MEETING OF COUNSEL by Judge Percy Anderson: Set Hearings: Scheduling Conference set for 12/11/2006 10:30 AM before Judge Percy Anderson. Counsel shall meet at least 21 days in advance of the Scheduling Conference to prepare a jointly signed report for the court to be submitted no less than 14 days before the Scheduling Conference. See document for details.(gk, ) (Entered: 11/03/2006)

Nov. 3, 2006
15

JOINT REPORT of Rule 26(f)initial meeting Discovery Plan filed; estimated length of trial 4 to 5 days. (et) (Entered: 12/01/2006)

Nov. 28, 2006
16

MINUTES OF Scheduling Conference held before Judge Percy Anderson: Plaintiffs are ordered to show cause, in writing, why their class allegations should not be stricken for failure to timely file a Motion for Class Certification; Set Deadlines: Response to Order to Show Cause due by 1/8/2007. The Court further orders the parties to show cause, in writing, no later than 1/8/2007, why this matter should not be remanded with specific instructions directing CIS to complete the remaining named Petitioners' applications for naturalization, including issuance of certificates of naturalization if appropriate, within 60 days of the remand. In their response to the order to show cause, Defendants shall address why the Court should not order that all necessary background checks for the Petitioners be completed in a timely manner, so as to permit adjudication of the applications within 60 days. Court Reporter: Bridget Montero. (gk, ) (Entered: 12/15/2006)

Dec. 11, 2006
19

Mail Returned addressed to Mark D. Rosenbaum, ACLU Foundation of Southern California re 13 Scheduling Meeting of Counsel, undeliverable mail, attempted - not known. (gk, ) (Entered: 01/12/2007)

Dec. 14, 2006
18

STIPULATION AND ORDER by Judge Percy Anderson that Plaintiffs withdraw their class action allegations, Complaint paragraphs 75-79, and their requests for class-wide relief, and dismiss this case as set forth below under Federal Rules of Civil Procedure 23(e). Plaintiffs Ibrahim Batliwala, Yusuf Bhaghani and Sammy Trad agree to dismiss their claims without prejudice. Defendant U.S. Citizenship and Immigration Service ("CIS") agrees to adjudicate Ibrahim Batliwala's application for citizenship within ten days of the date of entry of this order. CIS intends to grant Mr. Batliwala's application and swear him in as a U.S. citizen no later than 2/28/2007, provided that no negative information is discovered between the time of dismissal and the oath ceremony. CIS also agrees to adjudicate Mr. Trad's and Mr. Bhaghani's applications for citizenship within 30 days of the date of entry of this order. (Made JS-6. Case Terminated.)(gk, ) (Entered: 01/10/2007)

Jan. 8, 2007
17

TRANSCRIPT filed for proceedings held on 12/11/06. Court Reporter: Bridget R. Montero. (dbu, ) (Entered: 01/09/2007)

Jan. 9, 2007
20

STIPULATION AND ORDER by Judge Percy Anderson that on or before 2/24/2007, Plaintiffs may file an Application for Attorney Fees with the Court, and a Notice of Application to the Clerk to Tax Costs and lodge a Bill of Costs with the Clerk of the Court. (gk, ) (Entered: 01/25/2007)

Jan. 24, 2007
21

STIPULATION Re Settlement of Attorney Fees and Costs. (gk, ) (Entered: 03/12/2007)

Feb. 26, 2007

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 1, 2006

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All person who have or will file applications for naturalization at the CIS office in LA, who have met all statutory requirements and whose application has not been adjudicated within 120 days of their initial examinations.

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

FBI, Federal

U.S. Citizenship and Immigration Services, Federal

Department of Homeland Security, Federal

Department of Justice, Federal

Case Details

Causes of Action:

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

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Immigration/Border:

U.S. citizenship - acquiring