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

Clearinghouse coding complete

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 pen…

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)

Related Cases

Ahmadi v. Chertoff, Northern District of California (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)

Attorneys(s) 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)

Judge(s)

Armstrong, Saundra Brown (California)

Attorneys(s) 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)

Attorneys(s) for Defendant

Olsen, Edward A (California)

Robins, Jeffrey S (District of Columbia)

Stevens, Elizabeth Jones (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Zhang v. Gonzalez

Sept. 5, 2007 Docket
4

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 Complaint
28

Joint Case Management Statement and Proposed Order

Zhang v. Still

May 7, 2007 Order/Opinion
37

Order to Show Cause

Zhang v. Still

2007 WL 2126495

July 23, 2007 Order/Opinion
41

Order [Re: Dismissal]

Zhang v. Still

Sept. 5, 2007 Order/Opinion

Docket

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

Last updated May 20, 2022, 1:31 a.m.

ECF Number Description 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
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 RECAP
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 RECAP
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
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 RECAP

CASE DESIGNATED for Electronic Filing. (ga, COURT STAFF) (Filed on 1/24/2007) (Entered: 01/25/2007)

Jan. 24, 2007
41

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 9/4/07. (lrc, COURT STAFF) (Filed on 9/5/2007)

Sept. 5, 2007 RECAP
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
4

AMENDED COMPLAINT against Alberto R. Gonzalez. Filed byYinan Zhang. (Wang, Cecillia) (Filed on 2/8/2007) (Entered: 02/08/2007)

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
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
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
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
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
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
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

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
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
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
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
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
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
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
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
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
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
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
23

NOTICE of Appearance by Jeffrey S. Robins (Robins, Jeffrey) (Filed on 4/18/2007) (Entered: 04/18/2007)

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
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
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

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
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

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
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
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
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
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
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
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
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
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
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

State / Territory: California

Case Type(s):

Immigration and/or the Border

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

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.

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Constitutional rights

U.S. citizenship - acquiring