Case: Lee v. Ashcroft

2:04-cv-00449 | U.S. District Court for the Western District of Washington

Filed Date: Feb. 27, 2004

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On February 27, 2004, plaintiffs filed a class action lawsuit in the U.S. District Court for the Western District of Washington, challenging the policies and procedures used by the United States Citizenship and Immigration Services to adjudicate applications for naturalization. Plaintiffs alleged that the agency failed to apply the correct standard for determining whether applicants have "good moral character" and failed to adjudicate applications within 120 days as prescribed by law. Plainti…

On February 27, 2004, plaintiffs filed a class action lawsuit in the U.S. District Court for the Western District of Washington, challenging the policies and procedures used by the United States Citizenship and Immigration Services to adjudicate applications for naturalization. Plaintiffs alleged that the agency failed to apply the correct standard for determining whether applicants have "good moral character" and failed to adjudicate applications within 120 days as prescribed by law. Plaintiffs asserted claims under § 310(c) of the Immigration and Nationality Act, 8 U.S.C. § 1421(c); the Declaratory Judgment Act, 28 U.S.C. § 2201; and the Administrative Procedures Act, 5 U.S.C. § 701. They sought declaratory and injunctive relief. Attorneys with the Northwest Immigrant Rights Project and the American Immigration Lawyers Association, as well as private counsel, represent the plaintiff class.

Plaintiffs moved for a preliminary injunction and class certification. The District Court (Judge Robert S. Lasnik) denied class certification on November 24, 2004. A second motion for class certification was granted in part on November 13, 2005.

During the course of the litigation, the District Court entered several stipulated orders, granting judicial naturalization to some of the named petitioners.

On August 10, 2005 the parties entered into a Settlement Agreement. After notice to class members and a fairness hearing, the Agreement was approved by the District Court (Judge Lasnik) on February 16, 2006.

Under the terms of the Settlement Agreement, the U.S. Citizenship and Immigration Services agreed to change its process for deciding "good moral character" issues in applications for naturalization. The agency also agreed to reopen denial of naturalization applications of class members whose applications were denied on good moral character grounds. The parties stipulated that the class consisted of:

All persons who have applied or will apply for naturalization in the jurisdiction of the Seattle District Office, and who have been or may be denied on or after May 4, 1998 on the basis of a lack of good moral character, excepting those who have been subsequently naturalized or those who are statutorily barred from naturalization.
On August 17, 2007, the plaintiffs filed a motion to enforce the terms of the settlement agreement. On January 2, 2008, the Court found that motion to be mostly moot, but ordered the defendants to process the application of one of the members of the plaintiff class. Lee v. Gonzales, No. 04-cv-00449, 2008 WL 53175 (W.D. Wash. Jan. 2, 2008). On April 3, 2008, the plaintiffs again filed a motion for enforcement, which the court partially granted on May 19, 2008. The Court ordered the defendants to complete their review of thirty-three applications within thirty days of the order. Lee v. Mukasey, No. 04-cv-00449, 2008 WL 2117064, 2008 U.S. Dist. LEXIS 122359 (W.D. Wash. May 19, 2008). When the defendants, in a filing styled as a status report, requested additional time to process the remaining applications, the Court (Judge Lasnik) issued a third order regarding enforcement, requiring the defendants to provide detailed information regarding any delays in processing and to make updates on its progress every two months until all class members' applications were adjudicated.

The defendants continued to process applications, submitting six bimonthly status reports to the Court, and on June 8, 2009, the Court (Judge Lasnik) issued its fourth and final order on enforcement, finding that all but three applications had been processed, and ordering the defendants to continue submitting status reports on these applications. On July 1, 2009, the defendants filed their final status report, informing the Court that the last three class members with pending applications had been naturalized.

On September 24, 2009, the Court partially granted a motion by plaintiffs for attorney's fees, awarding them with $58,897.50 for work done prior to the defendants' final status report on July 1. Lee v. Holder, No. 04-cv-00449, 2009 WL 3064794, 2009 U.S. Dist. LEXIS 92404 (W.D. Wash. Sept. 24, 2009).

Summary Authors

Christopher Schad (7/2/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4672723/parties/lee-v-ashcroft/


Judge(s)

Lasnik, Robert S. (Washington)

Attorneys(s) for Plaintiff

Gibbs, Robert H. (Washington)

Soreff, Paul (Washington)

Theriot-Orr, Devin T. (Washington)

Attorneys(s) for Defendant

Corrales-Talleda, Patricia M. (California)

Hussey, Thomas W. (District of Columbia)

Johnson, Kristin Berger (Washington)

Keisler, Peter D. (District of Columbia)

Mckay, John (Washington)

Seder, Robert Tad (Washington)

Judge(s)

Lasnik, Robert S. (Washington)

Attorneys(s) for Plaintiff

Gibbs, Robert H. (Washington)

Soreff, Paul (Washington)

Theriot-Orr, Devin T. (Washington)

Attorneys(s) for Defendant

Corrales-Talleda, Patricia M. (California)

Hussey, Thomas W. (District of Columbia)

Johnson, Kristin Berger (Washington)

Keisler, Peter D. (District of Columbia)

Mckay, John (Washington)

Seder, Robert Tad (Washington)

Other Attorney(s)

Pauw, Robert (Washington)

Strawn, Christopher (Washington)

Documents in the Clearinghouse

Document

2:04-cv-00449

Docket [PACER]

May 24, 2010

May 24, 2010

Docket
9

2:04-cv-00449

Plaintiff's Motion to Certify Class

May 20, 2004

May 20, 2004

Pleading / Motion / Brief
28

2:04-cv-00449

Second Amended Complaint - Class Action

Lee v. Gonzales

June 29, 2004

June 29, 2004

Complaint
150-1

2:04-cv-00449

Settlement Agreement

Lee v. Gonzales

Aug. 10, 2005

Aug. 10, 2005

Settlement Agreement
155

2:04-cv-00449

Stipulation and Order of Protection Regarding Privacy Act Information

Nov. 21, 2005

Nov. 21, 2005

Order/Opinion

2:04-cv-00449

General Notice - Important Notice Concerning Denial of Citizenship Applications By Seattle, Yakima or Spokane Immigration

Lee v. Gonzales

No Court

Jan. 27, 2006

Jan. 27, 2006

Notice Letter

2:04-cv-00449

Individual Notice to Class Members

Lee v. Gonzales

No Court

Jan. 27, 2006

Jan. 27, 2006

Notice Letter
205

2:04-cv-00449

Order Regarding Motion to Enforce Compliance

Lee v. Gonzalez

2008 WL 53175

Jan. 2, 2008

Jan. 2, 2008

Order/Opinion
216

2:04-cv-00449

Order Regarding Second Motion to Enforce Compliance

Lee v. Mukasey

2008 WL 2117064, 2008 U.S.Dist.LEXIS 122359

May 19, 2008

May 19, 2008

Order/Opinion
270

2:04-cv-00449

Third Order Regarding Enforcement of Settlement

Lee v. Mukasey

Aug. 25, 2008

Aug. 25, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4672723/lee-v-ashcroft/

Last updated July 24, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

SEALED DOCUMENT 220 redacted version filed 6/24/2008 COMPLAINT AND PETITION FOR REVIEW against defendant(s) John Ashcroft, Robert J Okin, Tom Ridge (Summons(es) issued) (Receipt # 408545), filed by Kichul Lee. (Attachments: # 1 Civil Cover Sheet)(PM, ) Modified on 6/25/2008 (ELS). (Entered: 03/02/2004)

Feb. 27, 2004

Feb. 27, 2004

PACER
2

SEALED DOCUMENT 221 redacted version filed 6/24/2008FIRST AMENDED COMPLAINT - CLASS ACTION against defendant John Ashcroft, Robert J Okin, Tom Ridge, filed by Halima Al-Mamar, Abdul Al-Tamimi, Mohammed Al Amiri, Ashwin Prasad, Sam Ta, Nagham Almenar.(LT, ) Modified on 6/25/2008 (ELS). (Entered: 05/10/2004)

May 4, 2004

May 4, 2004

PACER
3

PRAECIPE FOR FOUR SUMMONS (and issued) re 2 First Amended Complaint-Class Action by Petitioners Halima Al-Mamar, Abdul Al-Tamimi, Nagham Almenar, Mohammed Al Amiri, Kichul Lee, Ashwin Prasad, Sam Ta. (LT, ) (Entered: 05/10/2004)

May 4, 2004

May 4, 2004

PACER
5

SERVICE OF SUMMONS and Complaint & Amended Complaint returned executed upon defendant Robert J Okin on 5/5/2004. (AF, ) (Entered: 05/14/2004)

May 6, 2004

May 6, 2004

PACER
6

SERVICE OF SUMMONS and Complaint & Amended Complaint returned executed upon Office of General Counsel on 5/5/2004. (AF, ) (Entered: 05/14/2004)

May 6, 2004

May 6, 2004

PACER
7

SERVICE OF SUMMONS and Complaint & Amended Complaint returned executed upon defendant John Ashcroft on 5/5/2004. (AF, ) (Entered: 05/14/2004)

May 6, 2004

May 6, 2004

PACER
4

NOTICE of Appearance by attorney Kristin Berger Johnson on behalf of Respondents John Ashcroft, Robert J Okin, Tom Ridge (Johnson, Kristin) (Entered: 05/10/2004)

May 10, 2004

May 10, 2004

PACER
8

SERVICE OF SUMMONS and Complaint returned executed re Civil Process Clerk, US Atty on 5/5/04 (RS, ) (Entered: 05/14/2004)

May 10, 2004

May 10, 2004

PACER
9

MOTION to Certify Class by Petitioners Halima Al-Mamar, Abdul Al-Tamimi, Nagham Almenar, Mohammed Al Amiri, Kichul Lee, Ashwin Prasad, Sam Ta. Noting Date 6/4/2004. (Gibbs, Robert) (Entered: 05/20/2004)

May 20, 2004

May 20, 2004

Clearinghouse
10

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 7/6/2004; by Judge Robert S. Lasnik. (KERR, ) (Entered: 05/25/2004)

May 25, 2004

May 25, 2004

PACER
11

MOTION for Extension of Time to File Response to Motion for Class Certification by Respondent John Ashcroft. Noting Date 6/10/2004. (Attachments: # 1 Declaration)(Johnson, Kristin) (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

PACER
12

RESPONSE filed by Petitioners Halima Al-Mamar, Abdul Al-Tamimi, Nagham Almenar, Mohammed Al Amiri, Kichul Lee, Ashwin Prasad, Sam Ta re 11 MOTION for Extension of Time to File Response to Motion for Class Certification (Attachments: # 1 Proposed Order)(Gibbs, Robert) (Entered: 06/03/2004)

June 3, 2004

June 3, 2004

PACER
13

DECLARATION OF ROBERT H. GIBBS filed by Petitioners re 11 Motion for Extension of Time to File Response to Motion for Class Cerification (Attachments: SEALED EXHIBIT 222 redacted version filed 6/24/2008 # 1 Exhibit In Support of Motion)(Gibbs, Robert) Modified on 6/4/2004 to edit docket text(ECS, ). Modified on 6/25/2008 (ELS). (Entered: 06/03/2004)

June 3, 2004

June 3, 2004

PACER
14

REPLY, filed by Respondents John Ashcroft, Robert J Okin, Tom Ridge, to Response to 11 MOTION for Extension of Time to File Response to Motion for Class Certification United States' Reply to Plaintiffs' Response to United States' Motion for Extension of Time to File Response to Motion for Class Certification (Attachments: # 1 [Proposed] Order Renoting Plaintiffs' Motion for Class Certification)(Johnson, Kristin) Document filed in error, counsel will refile (KN, ). (Entered: 06/09/2004)

June 9, 2004

June 9, 2004

PACER
15

REPLY, filed by Respondents to Response to 11 MOTION for Extension of Time to File Response to Motion for Class Certification (Attachments: # 1 [Proposed] Order Renoting Plaintiffs' Motion for Class Certification)(Johnson, Kristin) Modified on 6/10/2004 to edit docket text (ECS, ). (Entered: 06/09/2004)

June 9, 2004

June 9, 2004

PACER
16

RESPONSE Respondents' Opposition to Plaintiffs' Motion to Certify Class filed by Respondents John Ashcroft, Robert J Okin, Tom Ridge re 9 MOTION to Certify Class (Attachments: # 1 [Proposed] Order Denying Plaintiffs' Motion to Certify Class)(Johnson, Kristin) (Entered: 06/14/2004)

June 14, 2004

June 14, 2004

PACER
17

ORDER RE-NOTING 9 MOTION to Certify Class; Noting Date 6/18/2004. by Judge Robert S. Lasnik. (RS, ) (Entered: 06/15/2004)

June 14, 2004

June 14, 2004

PACER
18

MOTION for Order of Judicial Naturalization by Petitioner Sam Ta. Noting Date 7/8/2004. (Attachments: # 1 Proposed Order)(Gibbs, Robert) (Entered: 06/16/2004)

June 16, 2004

June 16, 2004

PACER
19

REPLY, filed by Petitioners Halima Al-Mamar, Abdul Al-Tamimi, Nagham Almenar, Mohammed Al Amiri, Kichul Lee, Ashwin Prasad, Sam Ta, to Response to 9 MOTION to Certify Class (Gibbs, Robert) (Entered: 06/17/2004)

June 17, 2004

June 17, 2004

PACER
20

DECLARATION of Robert H. Gibbs filed by Petitioners re 9 MOTION to Certify Class (Attachments: SEALED EXHIBIT 223 redacted version filed 6/24/2008 # 1 Exhibit 1 FOIA documents# 2 Exhibit 2 Cheetham declaration and CV)(Gibbs, Robert) Modified on 6/21/2004 to edit docket text (ECS, ). Modified on 6/25/2008 (ELS). (Entered: 06/17/2004)

June 17, 2004

June 17, 2004

PACER
21

MOTION to Amend Class Action Complaint by Petitioners Halima Al-Mamar, Abdul Al-Tamimi, Nagham Almenar, Mohammed Al Amiri, Kichul Lee, Ashwin Prasad, Sam Ta. Noting Date 6/28/2004. (Attachments: SEALED EXHIBIT 224 redacted version filed 6/24/2008 # 1 Exhibit Proposed Second Amended Class Action Complaint# 2 Proposed Order granting amendment)(Gibbs, Robert) Modified on 6/25/2008 (ELS). (Entered: 06/17/2004)

June 17, 2004

June 17, 2004

PACER
22

NOTICE by Petitioner Kichul Lee of supplemental authority relating to Plaintiffs' motion for class certification (Attachments: # 1 Exhibit 1 - Buono v. Norton)(Strawn, Christopher) (Entered: 06/21/2004)

June 21, 2004

June 21, 2004

PACER
23

Joint Stipulated MOTION to extend JSR and related deadlines by Petitioner Kichul Lee. Noting Date 6/22/2004. (Gibbs, Robert) (Entered: 06/22/2004)

June 22, 2004

June 22, 2004

PACER
24

RESPONSE (AND NOTICE OF NO OPPOSITION), by Respondents John Ashcroft, Robert J Okin, Tom Ridge, to Petitioner's 21 MOTION to Amend Class Action Complaint (Johnson, Kristin) Modified on 6/23/2004 (KN, ). (Entered: 06/23/2004)

June 23, 2004

June 23, 2004

PACER

NOTICE of Docket Text Modification re 24 Response to Motion: per phone call from counsel, text modified to reflect "Notice of No Opposition" (KN, )

June 23, 2004

June 23, 2004

PACER
25

STIPULATION AND ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 8/10/2004; by Judge Robert S. Lasnik. (RS, ) (Entered: 06/24/2004)

June 23, 2004

June 23, 2004

PACER
26

REPLY, filed by Petitioners Halima Al-Mamar, Abdul Al-Tamimi, Nagham Almenar, Mohammed Al Amiri, Kichul Lee, Ashwin Prasad, Sam Ta, TO RESPONSE to 21 MOTION to Amend Class Action Complaint (Strawn, Christopher) (Entered: 06/25/2004)

June 25, 2004

June 25, 2004

PACER
27

ORDER granting 21 Plaintiffs' Motion to Amend Complaint by Judge Robert S. Lasnik.(RS, ) (Entered: 07/01/2004)

June 29, 2004

June 29, 2004

PACER
28

SECOND AMENDED COMPLAINT against defendant John Ashcroft, Robert J Okin, Tom Ridge, filed by plaintiffs.(RS, ) (Entered: 07/01/2004)

June 29, 2004

June 29, 2004

Clearinghouse
29

MOTION for Preliminary Injunction by Petitioner Kichul Lee. Noting Date 7/16/2004. (Gibbs, Robert) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
30

SEALED DOCUMENT 225 redacted version filed 6/24/2008 DECLARATION of Kichul Lee - Ex. 1 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) Modified on 6/25/2008 (ELS). (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
31

DECLARATION of Nagham Almemar - Ex. 2 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
32

SEALED DOCUMENT 226 redacted version filed 6/24/2008 DECLARATION of Counsel re Sam Ta - Ex. 3 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) Modified on 6/25/2008 (ELS). (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
33

DECLARATION of Ashwin Prasad - Ex. 4 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
34

SEALED DOCUMENT 227 redacted version filed 6/24/2008 DECLARATION of Counsel re Al Amiri - Ex. 5 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) Modified on 6/25/2008 (ELS). (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
35

SEALED DOCUMENT 228 redacted version filed 6/24/2008 DECLARATION of Al Tamimi - Ex. 6 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) Modified on 6/25/2008 (ELS). (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
36

SEALED DOCUMENT 229 redacted version filed 6/24/2008 DECLARATION of Counsel re Halima Al-Mamar - Ex. 7 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) Modified on 6/25/2008 (ELS). (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
37

SEALED DOCUMENT 230 redacted version filed 6/24/2008 DECLARATION of Counsel re Gun Lim - Ex. 8 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) Modified on 6/25/2008 (ELS). (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
38

SEALED DOCUMENT 231 redacted version filed 6/24/2008 DECLARATION of Counsel re Berhanu - Ex. 9 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) Modified on 6/25/2008 (ELS). (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
39

SEALED DOCUMENT 232 redacted version filed 6/24/2008 DECLARATION of Counsel re Hanspel - Ex. 10 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) Modified on 6/25/2008 (ELS). (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
40

SEALED DOCUMENT 233 redacted version filed 6/24/2008 DECLARATION of Burnazovic - Ex. 11 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) Modified on 6/25/2008 (ELS). (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
41

SEALED DOCUMENT 234 redacted version filed 6/24/2008 DECLARATION of Counsel re Al Mansur - Ex. 12 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) Modified on 6/25/2008 (ELS). (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
42

SEALED DOCUMENT 235 redacted version filed 6/24/2008 DECLARATION of Al Qureishi - Ex. 13 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) Modified on 6/25/2008 (ELS). (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
43

DECLARATION of Al Yim - Ex. 14 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
44

SEALED DOCUMENT 236 redacted version filed 6/24/2008 DECLARATION of Saepharn - Ex. 15 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) Modified on 6/25/2008 (ELS). (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
45

DECLARATION of Sabe - Ex. 16 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
46

DECLARATION of Daniel Smith - Ex. 17 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
47

DECLARATION of Kristen Kussmann - Ex. 18 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
48

DECLARATION of Janet Cheetham - Ex. 19 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
49

DECLARATION of Counsel re Guide to Naturalization - Ex. 20 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
50

DECLARATION of Counsel re CIS delay letter - Ex. 21 filed by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction (Gibbs, Robert) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
51

RESPONSE, by Respondents John Ashcroft, Robert J Okin, Tom Ridge, to 18 MOTION for Order of Judicial Naturalization (Attachments: # 1 Exhibit 1 - Form I-181# 2 Exhibit 2 - Form N-400# 3 Exhibit 3 - N-400 denial decision# 4 Exhibit 4 - Form N-336# 5 Exhibit 5 - N-336 approval decision# 6 Exhibit 6 - Form N-445# 7 Exhibit 7)(Johnson, Kristin) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

PACER
52

CERTIFICATE OF SERVICE by Respondents John Ashcroft, Robert J Okin, Tom Ridge re 51 Response to Motion, Defendants' Opposition to Plaintiffs' Motion for Order of Judicial Naturalization. (Johnson, Kristin) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

PACER
53

REPLY, filed by Petitioner Sam Ta, TO RESPONSE to 18 MOTION for Order of Judicial Naturalization (Gibbs, Robert) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

PACER
54

DECLARATION of Robert Gibbs filed by Petitioner Sam Ta re 18 MOTION for Order of Judicial Naturalization (Attachments: # 1 Exhibit 1 - N-336 appeal# 2 Exhibit 2 - Filing fee receipt# 3 Exhibit 3 - CIS letter)(Gibbs, Robert) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

PACER
55

RESPONSE, by Respondents John Ashcroft, Robert J Okin, Tom Ridge, to 29 MOTION for Preliminary Injunction (Johnson, Kristin) (Entered: 07/12/2004)

July 12, 2004

July 12, 2004

PACER
56

CERTIFICATE OF SERVICE by Respondents John Ashcroft, Robert J Okin, Tom Ridge re 55 Response to Motion Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction. (Johnson, Kristin) (Entered: 07/12/2004)

July 12, 2004

July 12, 2004

PACER
57

REPLY, filed by Petitioner Kichul Lee, TO RESPONSE to 29 MOTION for Preliminary Injunction (Gibbs, Robert) (Entered: 07/15/2004)

July 15, 2004

July 15, 2004

PACER
58

DECLARATION of Prasad (conformed) filed by Petitioner Ashwin Prasad re 29 MOTION for Preliminary Injunction (Strawn, Christopher) (Entered: 07/15/2004)

July 15, 2004

July 15, 2004

PACER
59

Agreed Stipulated MOTION to Extend Time by Petitioner Kichul Lee. Noting Date 7/30/2004. (Gibbs, Robert) (Entered: 07/30/2004)

July 30, 2004

July 30, 2004

PACER
60

NOTICE of Appearance by attorney Patricia M Corrales-Talleda on behalf of Respondents John Ashcroft, Robert J Okin, Tom Ridge (Corrales-Talleda, Patricia) (Entered: 08/09/2004)

Aug. 9, 2004

Aug. 9, 2004

PACER
61

STIPULATION AND ORDER RESETTING SCHEDULE Joint Status Report due by 9/7/2004; by Judge Robert S. Lasnik. (RS, ) (Entered: 08/10/2004)

Aug. 9, 2004

Aug. 9, 2004

PACER
62

MINUTE ORDER Status Conference set for 9/8/2004 at 01:30 PM before Hon Robert S. Lasnik. (KERR, ) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

PACER
63

Respondents' Answer to Petitioners' Second Amended Complaint ANSWER to Amended Complaint by John Ashcroft, Robert J Okin, Tom Ridge.(Johnson, Kristin) (Entered: 09/01/2004)

Sept. 1, 2004

Sept. 1, 2004

PACER
64

NOTICE of Filing Dept. of Homeland Security administrative files ("A-File") in paper form with the Clerk's Office by Respondents John Ashcroft, Robert J Okin, Tom Ridge (Johnson, Kristin) (Entered: 09/08/2004)

Sept. 8, 2004

Sept. 8, 2004

PACER
65

MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik - Dep Clerk: Kerry Lane; CR: Joe Roth; Time of Hearing: 1:30 p.m.; Courtroom #: 15106; Pla Counsel: Robert Gibbs, Robert Pauw and Christopher Stawn; Def Counsel: Kristin Johnson; Status Conference held on 9/8/2004. The Court and counsel discuss the posture of the case. The Court suggests mediation with Judge Martinez. The parties agree. Court is adjourned. (KERR, ) (Entered: 09/09/2004)

Sept. 8, 2004

Sept. 8, 2004

PACER
66

ORDER Settlement Conference set for 10/4/2004 09:00 AM before Hon. Ricardo Martinez by Judge Ricardo Martinez. (RS, ) (Entered: 09/13/2004)

Sept. 10, 2004

Sept. 10, 2004

PACER
67

ORDER granting 18 Motion for Order of Judicial Naturalization filed by pltf Sam Ta by Judge Robert S. Lasnik.(RS, ) (Entered: 09/13/2004)

Sept. 10, 2004

Sept. 10, 2004

PACER

The following alterations to the Electronic Filing Procedures apply in all cases pending before Judge Lasnik:- Section III, Paragraph F - when the aggregate submittal to the court (i.e., the motion, any declarations and exhibits, the proposed order, and the certificate of service) exceeds 50 pages in length, a paper copy of the documents (with tabs or other organizing aids as necessary) shall be delivered to the Clerk's Office for chambers. The chambers copy must be clearly marked with the words "Courtesy Copy of Electronic Filing for Chambers."- Section III, Paragraph K - unless the proposed order is stipulated, agreed, or otherwise uncontested, the parties need not e-mail a copy of the order to the judge's e-mail address. (KERR, )

Sept. 16, 2004

Sept. 16, 2004

PACER
69

NOTICE of Change of Address by Kristin Berger Johnson (Johnson, Kristin) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

PACER
70

TRANSCRIPT of Proceedings held on 9/8/04 Status Hearing before Judge Robert S Lasnik. Court Reporter: J. Roth. (SA, ) (Entered: 10/21/2004)

Oct. 21, 2004

Oct. 21, 2004

PACER
71

MINUTE ENTRY for proceedings held before Judge Ricardo Martinez - Settlement Conference held on 10/28/2004. (LW) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

PACER
72

NOTICE by Petitioner Kichul Lee of termination of settlement negotiations and of supplemental authority in support of motion for class certification (Gibbs, Robert) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

PACER
73

ORDER denying 9 Motion to Certify Class by Judge Robert S. Lasnik.(RS, ) (Entered: 11/26/2004)

Nov. 24, 2004

Nov. 24, 2004

PACER
74

Second MOTION to Certify Class by Petitioner Kichul Lee. Noting Date 12/17/2004. (Gibbs, Robert) (Entered: 12/02/2004)

Dec. 2, 2004

Dec. 2, 2004

PACER
75

WITHDRAWAL of Motion by Petitioner Kichul Lee re 29 MOTION for Preliminary Injunction filed by Kichul Lee, pending ruling on 2d motion for class certification (Gibbs, Robert) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

PACER
76

AMENDED ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 12/30/2004; by Judge Robert S. Lasnik. (RS, ) (Entered: 12/06/2004)

Dec. 3, 2004

Dec. 3, 2004

PACER
77

MOTION for Order of Judicial Naturalization and for Show Cause Order by Petitioner Kichul Lee. Noting Date 12/31/2004. (Attachments: # 1 Proposed Order)(Gibbs, Robert) (Entered: 12/09/2004)

Dec. 9, 2004

Dec. 9, 2004

PACER
78

DECLARATION of Robert Gibbs re: Agency Procedures filed by Petitioner Kichul Lee re 77 MOTION for Order of Judicial Naturalization and for Show Cause Order (Gibbs, Robert) (Entered: 12/09/2004)

Dec. 9, 2004

Dec. 9, 2004

PACER
79

SEALED DOCUMENT 237 redacted version filed 6/24/2008 DECLARATION of Robert Gibbs re: Documents filed by Petitioner Kichul Lee re 77 MOTION for Order of Judicial Naturalization and for Show Cause Order (Gibbs, Robert) Modified on 6/25/2008 (ELS). (Entered: 12/09/2004)

Dec. 9, 2004

Dec. 9, 2004

PACER
80

RESPONSE, by Respondents John Ashcroft, Tom Ridge, Robert J Okin, to 74 Second MOTION to Certify Class. (Attachments: # 1 [Proposed] Order Denying Plaintiffs' Second Motion For Class Certification)(Johnson, Kristin) (Entered: 12/13/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
81

DECLARATION of Julia Harrison filed by Respondents John Ashcroft, Tom Ridge, Robert J Okin re 74 Second MOTION to Certify Class (Johnson, Kristin) (Entered: 12/13/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
82

REPLY, filed by Petitioner Kichul Lee, TO RESPONSE to 74 Second MOTION to Certify Class (Gibbs, Robert) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

PACER
83

DECLARATION of David Lambert filed by Petitioner Kichul Lee re 74 Second MOTION to Certify Class (Gibbs, Robert) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

PACER
84

DECLARATION of Christopher Strawn filed by Petitioner Kichul Lee re 74 Second MOTION to Certify Class (Gibbs, Robert) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

PACER
85

DECLARATION of Thomas Roach filed by Petitioner Kichul Lee re 74 Second MOTION to Certify Class (Gibbs, Robert) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

PACER
86

DECLARATION of Jacqueline Wood filed by Petitioner Kichul Lee re 74 Second MOTION to Certify Class (Gibbs, Robert) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

PACER
87

RESPONSE, by Respondents John Ashcroft, Tom Ridge, Robert J Okin, to 77 MOTION for Order of Judicial Naturalization and for Show Cause Order. (Attachments: # 1 Exhibit 1 - Policy Memo No. 37# 2 Exhibit 2 - Declaration of Robert J. Okin)(Johnson, Kristin) (Entered: 12/27/2004)

Dec. 27, 2004

Dec. 27, 2004

PACER
88

CERTIFICATE OF SERVICE by Respondents John Ashcroft, Tom Ridge, Robert J Okin re 87 Response to Motion, Defendants' Opposition to Plaintiffs' Motion for Order of Judicial Naturalization and Show Cause Order. (Johnson, Kristin) (Entered: 12/27/2004)

Dec. 27, 2004

Dec. 27, 2004

PACER
89

PRAECIPE to attach document (Praecipe to Ex. 1 -- Policy Memo No. 24) re 87 Response to Motion, by Respondents John Ashcroft, Tom Ridge, Robert J Okin. (Johnson, Kristin) (Entered: 12/27/2004)

Dec. 27, 2004

Dec. 27, 2004

PACER
90

CERTIFICATE OF SERVICE by Respondents John Ashcroft, Tom Ridge, Robert J Okin re 89 Praecipe to attach Document Praecipe to Ex. 1 - Policy Memo No. 24. (Johnson, Kristin) (Entered: 12/27/2004)

Dec. 27, 2004

Dec. 27, 2004

PACER
91

MOTION for Order of Judicial Naturalization by Plaintiff Kae Phou Saepharn. Noting Date 1/21/2005. (Attachments: # 1 Proposed Order Proposed order)(Gibbs, Robert) (Entered: 12/28/2004)

Dec. 28, 2004

Dec. 28, 2004

PACER
92

DECLARATION of Christopher Strawn filed by Plaintiff Kae Phou Saepharn re 91 MOTION for Order of Judicial Naturalization (Attachments: # 1 Exhibit 1 - N-445# 2 Exhibit 2 - CIS letter)(Gibbs, Robert) (Entered: 12/28/2004)

Dec. 28, 2004

Dec. 28, 2004

PACER

NOTICE of Docket Text Modification re 91 MOTION for Order of Judicial Naturalization: Incorrect image of proposed order attached to motion; counsel instructed to re-file proposed order. (LT, )

Dec. 29, 2004

Dec. 29, 2004

PACER
93

PRAECIPE to attach document (proposed order) re 91 MOTION for Order of Judicial Naturalization by Plaintiff Kae Phou Saepharn. (Strawn, Christopher) (Entered: 12/29/2004)

Dec. 29, 2004

Dec. 29, 2004

PACER
94

REPLY, filed by Petitioner Kichul Lee, TO RESPONSE to 77 MOTION for Order of Judicial Naturalization and for Show Cause Order (Gibbs, Robert) (Entered: 12/30/2004)

Dec. 30, 2004

Dec. 30, 2004

PACER
95

PRAECIPE re 77 MOTION for Order of Judicial Naturalization and for Show Cause Order - Corrected Reply Brief - Plaintiffs having incorrectly referred to Plaintiff Yim as Plaintiff Lim, Plaintiffs' reply brief is accordingly corrected and refiled - by Petitioner Kichul Lee. (Gibbs, Robert) (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

PACER
96

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 3 by Petitioners Kichul Lee, Kichul Lee.(Gibbs, Robert) (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

PACER
97

ORDER granting in part 74 Second Motion to Certify Class by Judge Robert S. Lasnik.(RS, ) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

PACER
98

RESPONSE, by Respondents John Ashcroft, Tom Ridge, Robert J Okin, to 91 MOTION for Order of Judicial Naturalization. (Johnson, Kristin) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

PACER

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 27, 2004

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons whose application for naturalization was denied by the Seattle District Office on or after May 4, 1998 on the basis of a lack of good moral character, or whose application remained pending for more than 120 days after the initial examination.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Northwest Immigrant Rights Project (NWIRP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Citizenship and Immigration Services , Federal

Department of Homeland Security, 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)

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

Amount Defendant Pays: $58,897.50

Order Duration: 2006 - 2009

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Immigration/Border:

U.S. citizenship - acquiring