Case: Zhang v. Gonzales

4:07-cv-00503 | U.S. District Court for the Northern District of California

Filed Date: Jan. 24, 2007

Closed Date: Sept. 5, 2007

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Case Summary

On January, 24, 2007, plaintiff Yinan Zhang filed a petition for hearing on naturalization application under the Immigration and Nationality Act, 8 U.S.C. § 1447(b) in the U.S. District Court California Northern District. The complaint was amended on February 8, 2007 to name additional plaintiffs and to assert class action allegations. The amended complaint alleged that plaintiffs were all long-time lawful permanent residents of the United States whose naturalization applications had been pending for over two years with the U.S. Bureau of Citizenship and Immigration Services ("CIS"), awaiting the results of an "FBI name check." Plaintiffs asserted that the unreasonable delays caused by the "FBI name check" process violated the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment. Plaintiffs sought declaratory and injunctive relief. Attorneys with the Asian Law Caucus, the American Civil Liberties Union Foundation Immigrants Rights Project, the ACLU Foundation of Northern California, Inc. and the Council on American-Islamic Relations represented the plaintiffs.

The government moved to dismiss the case.

On June 12, 2007 several named plaintiffs voluntarily dismissed their claims without prejudice, stating that plaintiff Zhang had decided to not to continue as a class representative and had retained new counsel to represent him individually. Those plaintiffs then filed a new lawsuit on July 2, 2007 which was styled Ahmadi v. Chertoff, 07-3455-WHA. See IM-CA-58 of this collection for proceedings in that case.

Zhang failed to respond to the government's motion to dismiss and the District Court (Judge Saundra Brown Armstrong) issued an order for Zhang to show cause why the case should not be dismissed for failure to prosecute. Zhang v. Still, 2007 WL 2126495 (N.D.Cal. 2007). Plaintiff Zhang failed to appear at the show cause hearing and Judge Armstrong dismissed the case without prejudice on September 5, 2007.

Summary Authors

Dan Dalton (11/6/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5792974/parties/zhang-v-gonzalez/

Judge(s)

Armstrong, Saundra Brown (California)

Attorney for Plaintiff

Gallinger, Todd (California)

Guttentag, Lucas (California)

Lebecki, Alexandre Nicholas (California)

Ling, Sin Yen (California)

Attorney for Defendant

Judge(s)

Armstrong, Saundra Brown (California)

Attorney for Plaintiff

Gallinger, Todd (California)

Guttentag, Lucas (California)

Lebecki, Alexandre Nicholas (California)

Ling, Sin Yen (California)

Lyons, Christopher Joren (California)

Mass, Julia Harumi (California)

Nonaka, Scott T (California)

Schlosser, Alan Lawrence (California)

Solanki, Sandeep (California)

Wang, Cecillia D (California)

Attorney for Defendant

Olsen, Edward A (California)

Robins, Jeffrey S (District of Columbia)

Stevens, Elizabeth Jones (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:07-cv-00503	Docket [PACER] Zhang v. Gonzalez	Sept. 5, 2007	Sept. 5, 2007 Docket
4 4:07-cv-00503	First Amended Complaint for Declaratory and Injunctive Relief and Petition for Naturalization Pursuant to 8 U.S.C. § 1447(B) Zhang v. Still	Feb. 8, 2007	Feb. 8, 2007 Complaint
28 4:07-cv-00503	Joint Case Management Statement and Proposed Order Zhang v. Still	May 7, 2007	May 7, 2007 Order/Opinion
37 4:07-cv-00503	Order to Show Cause Zhang v. Still	July 23, 2007	July 23, 2007 Order/Opinion 2007 WL 2126495
41 4:07-cv-00503	Order [Re: Dismissal] Zhang v. Still	Sept. 5, 2007	Sept. 5, 2007 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5792974/zhang-v-gonzalez/

Last updated April 6, 2025, 11:40 a.m.

Docket for: Zhang v. Gonzalez

ECF Number	Date	Description	Link
1	Jan. 24, 2007	PETITION /issued summons against David N. Still, Alberto R. Gonzalez, Michael Chertoff, Emilio T. Gonzalez, Robert S. Mueller (Filing fee $350 receipt number 3461100209). Filed byYinan Zhang. (ga, COURT STAFF) (Filed on 1/24/2007) Additional attachment(s) added on 2/28/2007 (jlm, COURT STAFF). (Entered: 01/25/2007)	PACER
2	Jan. 24, 2007	ADR SCHEDULING ORDER: Case Management Statement due by 4/25/2007. Case Management Conference set for 5/2/2007 10:30 AM.. Signed by Judge James Larson on 1/24/07. (ga, COURT STAFF) (Filed on 1/24/2007) (Entered: 01/25/2007)	PACER
	Jan. 24, 2007	CASE DESIGNATED for Electronic Filing. (ga, COURT STAFF) (Filed on 1/24/2007) (Entered: 01/25/2007)	PACER
3	Feb. 6, 2007	Proposed MOTION to Withdraw as Attorney Notice and [Proposed] Order filed by Yinan Zhang. (Solanki, Sandeep) (Filed on 2/6/2007) (Entered: 02/06/2007)	PACER
4	Feb. 8, 2007	AMENDED COMPLAINT against Alberto R. Gonzalez. Filed byYinan Zhang. (Wang, Cecillia) (Filed on 2/8/2007) (Entered: 02/08/2007)	PACER
5	Feb. 8, 2007	NOTICE of Appearance by Cecillia D. Wang (Wang, Cecillia) (Filed on 2/8/2007) (Entered: 02/08/2007)	PACER
6	Feb. 20, 2007	CERTIFICATE OF SERVICE 1 by Yinan Zhang , Alia Ahmedi, Zhong Fu, Abdul Ghafoor, Miao Ling Huang, Sana Jalili, Yan Wang, Yan Yin (Wang, Cecillia) (Filed on 2/20/2007) Modified on 2/23/2007 (ga, COURT STAFF). (Entered: 02/20/2007)	PACER
7	Feb. 21, 2007	SUMMONS Returned Executed by Yinan Zhang. Michael Chertoff served on 2/21/2007, answer due 4/23/2007. (Wang, Cecillia) (Filed on 2/21/2007) (Entered: 02/21/2007)	PACER
8	Feb. 21, 2007	SUMMONS Returned Executed by Yinan Zhang. Alberto R. Gonzalez served on 2/21/2007, answer due 4/23/2007. (Wang, Cecillia) (Filed on 2/21/2007) (Entered: 02/21/2007)	PACER
9	Feb. 21, 2007	SUMMONS Returned Executed by Yinan Zhang. Emilio T. Gonzalez served on 2/21/2007, answer due 4/23/2007. (Wang, Cecillia) (Filed on 2/21/2007) (Entered: 02/21/2007)	PACER
10	Feb. 21, 2007	SUMMONS Returned Executed by Yinan Zhang. Robert S. Mueller served on 2/21/2007, answer due 4/23/2007. (Wang, Cecillia) (Filed on 2/21/2007) (Entered: 02/21/2007)	PACER
11	Feb. 21, 2007	SUMMONS Returned Executed by Yinan Zhang. David N. Still served on 2/21/2007, answer due 4/23/2007. (Wang, Cecillia) (Filed on 2/21/2007) (Entered: 02/21/2007)	PACER
	Feb. 21, 2007	Summons Issued as to David N. Still, Alberto R. Gonzalez, Michael Chertoff, Emilio T. Gonzalez, Robert S. Mueller. as to the Amended Complaint (ga, COURT STAFF) (Filed on 2/21/2007) (Entered: 02/23/2007)	PACER
12	Feb. 23, 2007	Declination to Proceed Before a U.S. Magistrate Judge by David N. Still, Alberto R. Gonzalez, Michael Chertoff, Emilio T. Gonzalez, Robert S. Mueller. (Olsen, Edward) (Filed on 2/23/2007) (Entered: 02/23/2007)	PACER
13	Feb. 23, 2007	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (wh, COURT STAFF) (Filed on 2/23/2007) (Entered: 02/23/2007)	PACER
14	Feb. 23, 2007	ORDER by Judge James Larson Granting 3 Motion to Withdraw as Attorneys. Attorney Scott T. Nonaka and Sandeep Solanki terminated (jlsec, COURT STAFF) (Filed on 2/23/2007) (Entered: 02/23/2007)	PACER
15	Feb. 26, 2007	ORDER REASSIGNING CASE. Case reassigned to Judge Saundra Brown Armstrong for all further proceedings. Judge James Larson no longer assigned to the case. Signed by Executive Committee on 2/26/07. (ha, COURT STAFF) (Filed on 2/26/2007) (Entered: 02/26/2007)	PACER
17	Feb. 27, 2007	CERTIFICATE OF SERVICE by Alia Ahmedi, Yinan Zhang, Zhong Fu, Abdul Ghafoor, Miao Ling Huang, Sana Jalili, Yan Wang, Yan Yin (Wang, Cecillia) (Filed on 2/27/2007) (Entered: 02/27/2007)	PACER
18	Feb. 28, 2007	CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASES: Case Management Conference set for 5/3/2007 02:30 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 2/28/07. (lrc, COURT STAFF) (Filed on 2/28/2007) Modified on 3/1/2007 (jlm, COURT STAFF). (Entered: 02/28/2007)	PACER
19	March 1, 2007	CERTIFICATE OF SERVICE by Alia Ahmedi, Yinan Zhang, Zhong Fu, Abdul Ghafoor, Miao Ling Huang, Sana Jalili, Yan Wang, Yan Yin (Wang, Cecillia) (Filed on 3/1/2007) (Entered: 03/01/2007)	PACER
20	March 2, 2007	NOTICE of Appearance by Elizabeth J. Stevens as Attorney for Defendants (Stevens, Elizabeth) (Filed on 3/2/2007) (Entered: 03/02/2007)	PACER
21	April 10, 2007	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Olsen, Edward) (Filed on 4/10/2007) (Entered: 04/10/2007)	PACER
22	April 10, 2007	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Olsen, Edward) (Filed on 4/10/2007) (Entered: 04/10/2007)	PACER
23	April 18, 2007	NOTICE of Appearance by Jeffrey S. Robins (Robins, Jeffrey) (Filed on 4/18/2007) (Entered: 04/18/2007)	PACER
24	April 23, 2007	ADR Clerks Notice Setting ADR Phone Conference on 5/1/07 at 3:30 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 4/23/2007) (Entered: 04/23/2007)	PACER
25	April 24, 2007	STIPULATION and Proposed Order Modifying Case Management Conference Schedule by David N. Still, Alberto R. Gonzalez, Emilio T. Gonzalez, Robert S. Mueller. (Robins, Jeffrey) (Filed on 4/24/2007) Modified on 4/25/2007 (jlm, COURT STAFF). Modified on 4/25/2007 (jlm, COURT STAFF). (Entered: 04/24/2007)	PACER
26	April 30, 2007	STIPULATION AND ORDER: That the Case Management Conference is CONTINUED to 5/17/2007 at 02:45 PM. Signed by Judge ARMSTRONG on 4/30/07. (lrc, COURT STAFF) (Filed on 4/30/2007) Modified on 5/1/2007 (jlm, COURT STAFF).	RECAP
27	April 30, 2007	MOTION to Dismiss filed by Alberto R. Gonzalez, Michael Chertoff, Emilio T. Gonzalez, Robert S. Mueller. Motion Hearing set for 7/31/2007 01:00 PM in Courtroom 3, 3rd Floor, Oakland. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Proposed Order)(Robins, Jeffrey) (Filed on 4/30/2007) (Entered: 04/30/2007)	PACER
	April 30, 2007	Set/Reset Deadlines as to 27 MOTION to Dismiss. Motion Hearing set for 7/31/2007 01:00 PM in Courtroom 3, 3rd Floor, Oakland. (jlm, COURT STAFF) (Filed on 4/30/2007) (Entered: 07/11/2007)	PACER
29	May 9, 2007	CLERK'S NOTICE Case Management Conference set for 7/31/2007 01:00 PM. (lrc, COURT STAFF) (Filed on 5/9/2007) (Entered: 05/09/2007)	PACER
	May 9, 2007	Set Deadlines/Hearings: re 29 Case Management Conference set for 7/31/2007 01:00 PM. (jlm, COURT STAFF) (Filed on 5/9/2007) (Entered: 07/11/2007)	PACER
30	June 11, 2007	MOTION to Withdraw as Attorney and Proposed Order, filed by Alia Ahmedi, Zhong Fu, Abdul Ghafoor, Miao Ling Huang, Sana Jalili, Yan Wang, Yan Yin. (Attachments: # 1 Proof of Service)(Mass, Julia) (Filed on 6/11/2007) Modified on 6/12/2007 (jlm, COURT STAFF). (Entered: 06/11/2007)	PACER
31	June 11, 2007	Declaration of Sin Yen Ling in Support of 30 MOTION to Withdraw as Attorney filed byAlia Ahmedi, Zhong Fu, Abdul Ghafoor, Miao Ling Huang, Sana Jalili, Yan Wang, Yan Yin. (Related document(s)30) (Mass, Julia) (Filed on 6/11/2007) (Entered: 06/11/2007)	PACER
32	June 12, 2007	NOTICE of Voluntary Dismissal and Proposed Order by Alia Ahmedi, Zhong Fu, Abdul Ghafoor, Miao Ling Huang, Sana Jalili, Yan Wang, Yan Yin (Attachments: # 1 Proof of Service)(Mass, Julia) (Filed on 6/12/2007) Modified on 6/13/2007 (jlm, COURT STAFF). (Entered: 06/12/2007)	PACER
33	June 27, 2007	ORDER by Judge ARMSTRONG granting 30 Motion to Withdraw as Attorney. Attorney Christopher Joren Lyons and Cecillia D. Wang terminated (lrc, COURT STAFF) (Filed on 6/27/2007) (Entered: 06/27/2007)	PACER
34	June 27, 2007	ORDER: That the claims of Plaintiffs Alia Ahmadi, Zhong Fu, Abdul Ghafoor, Maio Ling Huang, Sana Jalili, Yan Wang, and Yan Yin are DISMISSED WITHOUT PREJUDICE. Signed by Judge Saundra Brown Armstrong on 6/26/07. (lrc, COURT STAFF) (Filed on 6/27/2007) Modified on 7/11/2007 (jlm, COURT STAFF).	RECAP
35	June 28, 2007	Letter from Counsel for Class Plaintiffs Julia Harumi Mass . (Attachments: # 1 Proof of Service)(Mass, Julia) (Filed on 6/28/2007) (Entered: 06/28/2007)	PACER
36	July 12, 2007	MOTION to Related Case ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED PURSUANT TO LOCAL RULE 3- 12 AND 7-11 AND PROPOSED ORDER filed by Alia Ahmadi. (Wang, Cecillia) (Filed on 7/12/2007) (Entered: 07/12/2007)	PACER
37	July 23, 2007	ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 7/31/2007 01:00 PM. Show Cause Response due by 7/26/2007. Signed by Judge ARMSTRONG on 7/23/07. (lrc, COURT STAFF) (Filed on 7/23/2007) Modified on 7/24/2007 (jlm, COURT STAFF).	RECAP
38	July 26, 2007	MOTION for Leave to File Late Response to Plaintiffs' Administrative Motion to Consider Whether Cases Should Be Related With Proposed Order (Unopposed), filed by David N. Still, Alberto R. Gonzalez, Michael Chertoff, Emilio T. Gonzalez, Robert S. Mueller. (Olsen, Edward) (Filed on 7/26/2007) Modified on 7/27/2007 (jlm, COURT STAFF). (Entered: 07/26/2007)	PACER
39	July 26, 2007	Response to Plaintiffs' Administrative Motion To Consider Whether Cases Should Be Related With Proposed Order, filed by David N. Still, Alberto R. Gonzalez, Michael Chertoff, Emilio T. Gonzalez, Robert S. Mueller. (Olsen, Edward) (Filed on 7/26/2007) Modified on 7/27/2007 (jlm, COURT STAFF). (Entered: 07/26/2007)	PACER
40	July 31, 2007	Minute Entry: Show Cause Hearing (Date Filed: 7/31/2007). (Court Reporter: DIANE SKILLMAN.) (lrc, COURT STAFF) (Date Filed: 7/31/2007) Modified on 9/6/2007 (jlm, COURT STAFF). (Entered: 07/31/2007)	PACER
41	Sept. 5, 2007	ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 9/4/07. (lrc, COURT STAFF) (Filed on 9/5/2007)	RECAP

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Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 24, 2007

Closing Date: Sept. 5, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who have submitted naturalization applications to CIS, and who have met all statutory requirements for naturalization, and whose naturalization applications are not adjudicated within 120 days of the date of their initial exam.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federal

Federal Bureau of Investigation (FBI)

U.S. Bureau of Citizenship and Immigration Services (“CIS”)