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.

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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

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Documents in the Clearinghouse

	Document
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
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 Aug. 4, 2023, 3 a.m.

ECF Number	Description	Date	Link Date / Link
1	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)	Jan. 24, 2007	Jan. 24, 2007
2	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)	Jan. 24, 2007	Jan. 24, 2007
	CASE DESIGNATED for Electronic Filing. (ga, COURT STAFF) (Filed on 1/24/2007) (Entered: 01/25/2007)	Jan. 24, 2007	Jan. 24, 2007
3	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)	Feb. 6, 2007	Feb. 6, 2007
4	AMENDED COMPLAINT against Alberto R. Gonzalez. Filed byYinan Zhang. (Wang, Cecillia) (Filed on 2/8/2007) (Entered: 02/08/2007)	Feb. 8, 2007	Feb. 8, 2007
5	NOTICE of Appearance by Cecillia D. Wang (Wang, Cecillia) (Filed on 2/8/2007) (Entered: 02/08/2007)	Feb. 8, 2007	Feb. 8, 2007
6	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)	Feb. 20, 2007	Feb. 20, 2007
7	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)	Feb. 21, 2007	Feb. 21, 2007
8	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)	Feb. 21, 2007	Feb. 21, 2007
9	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)	Feb. 21, 2007	Feb. 21, 2007
10	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)	Feb. 21, 2007	Feb. 21, 2007
11	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)	Feb. 21, 2007	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)	Feb. 21, 2007	Feb. 21, 2007
12	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)	Feb. 23, 2007	Feb. 23, 2007
13	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (wh, COURT STAFF) (Filed on 2/23/2007) (Entered: 02/23/2007)	Feb. 23, 2007	Feb. 23, 2007
14	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)	Feb. 23, 2007	Feb. 23, 2007
15	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)	Feb. 26, 2007	Feb. 26, 2007
17	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)	Feb. 27, 2007	Feb. 27, 2007
18	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)	Feb. 28, 2007	Feb. 28, 2007
19	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)	March 1, 2007	March 1, 2007
20	NOTICE of Appearance by Elizabeth J. Stevens as Attorney for Defendants (Stevens, Elizabeth) (Filed on 3/2/2007) (Entered: 03/02/2007)	March 2, 2007	March 2, 2007
21	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Olsen, Edward) (Filed on 4/10/2007) (Entered: 04/10/2007)	April 10, 2007	April 10, 2007
22	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Olsen, Edward) (Filed on 4/10/2007) (Entered: 04/10/2007)	April 10, 2007	April 10, 2007
23	NOTICE of Appearance by Jeffrey S. Robins (Robins, Jeffrey) (Filed on 4/18/2007) (Entered: 04/18/2007)	April 18, 2007	April 18, 2007
24	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)	April 23, 2007	April 23, 2007
25	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)	April 24, 2007	April 24, 2007
26	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).	April 30, 2007	April 30, 2007 RECAP
27	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)	April 30, 2007	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)	April 30, 2007	April 30, 2007
29	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)	May 9, 2007	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)	May 9, 2007	May 9, 2007
30	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)	June 11, 2007	June 11, 2007
31	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)	June 11, 2007	June 11, 2007
32	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)	June 12, 2007	June 12, 2007
33	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)	June 27, 2007	June 27, 2007
34	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).	June 27, 2007	June 27, 2007 RECAP
35	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)	June 28, 2007	June 28, 2007
36	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)	July 12, 2007	July 12, 2007
37	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).	July 23, 2007	July 23, 2007 RECAP
38	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)	July 26, 2007	July 26, 2007
39	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)	July 26, 2007	July 26, 2007
40	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)	July 31, 2007	July 31, 2007
41	ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 9/4/07. (lrc, COURT STAFF) (Filed on 9/5/2007)	Sept. 5, 2007	Sept. 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

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

Federal Bureau of Investigation (FBI), Federal

U.S. Department of Homeland Security, Federal