Case: Hootkins v. Chertoff

2:07-cv-05696 | U.S. District Court for the Central District of California

Filed Date: Aug. 30, 2007

Closed Date: April 5, 2012

Clearinghouse coding complete

Case Summary

On August 30, 2007, a group of individual plaintiffs, the surviving spouses of U.S. citizens, filed a class action lawsuit in the U.S. District Court for the Central District Of California to challenge the "widow penalty" provision in federal immigration law. The named plaintiffs included the surviving spouse of Bill Hootkins a U.S. citizen and Hollywood actor who appeared in the films Star Wars and Raiders of the Lost Ark and the surviving spouse of a U.S. citizen and civilian military contra…

On August 30, 2007, a group of individual plaintiffs, the surviving spouses of U.S. citizens, filed a class action lawsuit in the U.S. District Court for the Central District Of California to challenge the "widow penalty" provision in federal immigration law. The named plaintiffs included the surviving spouse of Bill Hootkins a U.S. citizen and Hollywood actor who appeared in the films Star Wars and Raiders of the Lost Ark and the surviving spouse of a U.S. citizen and civilian military contractor killed by a roadside bomb while serving in the Iraq war.

Each of the named plaintiffs alleged that they married U.S. citizens and then obtained status as an "immediate relative" of a U.S. citizen. Each plaintiff then sought lawful permanent residence status but had their immigration application denied upon the death of their spouse. In denying each application, the government determined that the surviving spouse was no longer an "immediate relative" of a U.S. citizen, because they had been married for less than 2 years.

Plaintiffs sought injunctive and declaratory relief under the Immigration and Nationality Act, 8 U.S.C. § 1151, §1255; Administration Procedure Act, 5 U.S.C. § 701, Mandamus Act 28 U.S.C. § 1361, Declaratory Judgment Act, 28 U.S.C. § 2201. Plaintiffs also sought class action status.

In November 2007, the defendants filed a motion to dismiss. Plaintiffs responded with a cross motion for summary judgment and for a preliminary injunction.

On March 17, 2008, the court (Judge Christina A. Snyder) denied the government's motion to dismiss. A few days later plaintiffs filed an amended complaint to add allegations challenging the legality of 8 C.F.R. § 205.1(a)(3)(C)(3), which calls for automatic revocation of an I-130 upon the death of the citizen spouse in cases where: (1) the I-130 petition has been approved but (2) there has been no final decision on the alien's I-485 application.

On April 7, 2008, the court denied plaintiffs' motion for a class-wide preliminary injunction. Hootkins v. Chertoff, No. CV 07-5696 CAS MANX, 2008 WL 1735146 (C.D. Cal. Apr. 7, 2008). The court also denied plaintiffs' motion for a preliminary injunction prohibiting defendants from withholding Employment Authorization Documents and Advance Parole Travel Documents.

A month later, the court denied plaintiffs' request for a preliminary injunction prohibiting defendants from commencing removal proceedings against plaintiffs without prejudice to the request being renewed if further adverse action is taken, or threatened to be taken, against named plaintiffs.

In July 2008, the parties asked the court to stay the case pending settlement discussions. The court held the case in abeyance and further stayed the case in August 2008 due to pending legislation that would affect the case.

On January 6, 2009, the court lifted the stay and provisionally granted plaintiffs' motion for class certification for noncitizens residing in the Ninth Circuit whose United States citizen spouse died before the couple's two-year wedding anniversary, and whose citizen spouse filed an I-130 petition and a Form I-864 or I-864EZ affidavit of support on behalf of the noncitzen spouse. Hootkins v. Chertoff, No. CV 07-5696 CAS(MANX), 2009 WL 57031 (C.D. Cal. Jan. 6, 2009). The court further certified a subclass of noncitizen spouses who entered the United States on fiancé visas. The plaintiffs renewed their motion for summary judgment.

Because some of the named plaintiffs resided outside of the Ninth Circuit and some in jurisdictions where the courts have not ruled in favor of plaintiffs' interpretation of the law, defendants moved for summary judgment as to those plaintiffs. The court denied defendants' motion with regard to the Sixth Circuit plaintiffs, but granted their motion with regard to the Third Circuit plaintiffs. Hootkins v. Napolitano, 645 F. Supp. 2d 856 (C.D. Cal. 2009). The court also granted in part plaintiffs' motion for summary judgment, finding that based on precedent in the Ninth and Sixth Circuits plaintiffs in those circuits were entitled to "immediate relative" classification based on their status as surviving spouses of deceased United States citizens.

In June 2009, defendants appealed to the U.S. Court of Appeals for the Ninth Circuit, challenging the district court's summary judgment order (docket 09-56019). In January 2010, the circuit court granted the motion to dismiss the appeal without prejudice to reinstatement should the district court not approve the parties’ settlement (Circuit Mediator Lisa J. Evans).

On October 28, 2009, President Obama signed H.R. 2892 into law, which addressed (1) self-petitioning rights for all widow(er)s of American citizens and their children; and 2) certain survivors' rights for other immigrants. On December 14, 2009, USCIS published a new guidance memorandum on the processing of applications filed by surviving spouses of deceased U.S. citizens.

In January 2010, the parties submitted a settlement agreement, which required adjudication of all cases of class members in accordance with the new USCIS Guidance. The settlement agreement also set up a dispute resolution structure and would remain in effect for two years. The court would retain jurisdiction for the duration of the agreement. In addition, the parties agreed that defendants would pay $125,000 for attorneys' fees and costs. The settlement agreement was approved by the court on April 5, 2010, and the court entered final judgment. There was no further action by the court and the agreement terminated after two years. This case is closed.

Summary Authors

Dan Dalton (9/18/2007)

Jennifer Bronson (11/30/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5715088/parties/carolyn-robb-hootkins-v-michael-chertoff/


Judge(s)

Nagle, Margaret A. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Diamante, Alan R. (California)

Renison, Brent W. (Oregon)

Attorneys(s) for Defendant

Bruckner, Patricia E. (District of Columbia)

Devaney, John M. (District of Columbia)

Glaser, Sheri R. (District of Columbia)

Leibman, Melissa S. (District of Columbia)

Stevens, Elizabeth Jones (District of Columbia)

West, Tony (District of Columbia)

Judge(s)

Nagle, Margaret A. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Diamante, Alan R. (California)

Renison, Brent W. (Oregon)

Attorneys(s) for Defendant

Bruckner, Patricia E. (District of Columbia)

Devaney, John M. (District of Columbia)

Glaser, Sheri R. (District of Columbia)

Leibman, Melissa S. (District of Columbia)

Stevens, Elizabeth Jones (District of Columbia)

West, Tony (District of Columbia)

Documents in the Clearinghouse

Document

Docket (PACER)

April 5, 2010 Docket
1

Petition for Writ of Mandamus and Complaint for Declaratory Judgment and Injunctive Relief - Class Action

Aug. 30, 2007 Complaint
36

Order Granting in Part and Denying in Part Defendants' Motion to Dismiss Complaint

March 17, 2008 Order/Opinion
37

First Amended Complaint for Declaratory and Injunctive Relief and Petition for Writ of Mandamus

March 20, 2008 Complaint
44

Proceedings: Plaintiffs' Motion for Preliminary Injunction (and Order) (Minutes)

2008 WL 1735146

April 7, 2008 Order/Opinion
108

Proceedings: (In Chambers:) Order Granting Plaintiffs' Motion for Class Certificatio

2009 WL 57031

Jan. 6, 2009 Order/Opinion
151

Order Granting in Part and Denying in Part Defendants' Motion for Partial Summary Judgment; Denying Defendants' Motion for Partial Summary Judgment; Granting in Part and Denying in Part Plaintiffs' Renewed Motion for Summary Judgment

Hootkins v. Napolitano

645 F.Supp.2d 856

April 28, 2009 Order/Opinion
160

Notice of Motion and Joint Motion for Preliminary of Approval of Class Action Settlement, Proposed Settlement, Proposed Order

Hootkins v. Napolitano

Jan. 25, 2010 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5715088/carolyn-robb-hootkins-v-michael-chertoff/

Last updated May 20, 2022, 1:32 a.m.

ECF Number Description Date Link
1

COMPLAINT against defendants−respondents Condoleezza Rice, Maura Harty, Michael Chertoff, Emilio Gonzalez.(Filing fee $ 350)Fee paid, filed by plaintiffs−petitioners Carolyn Robb Hootkins, Maria Moncayo−Gigax.(bb) (Entered: 09/07/2007)

Aug. 30, 2007
44

MINUTES OF Motion Hearing held before Judge Christina A. Snyder Re: Plaintiffs' Motion for a Preliminary Injunction 12 . The Court DENIES plaintiffs motion for a classwide preliminary injunction. The Court further DENIES plaintiffs' motion for a preliminary injunction prohibiting defendants from withholding Employment Authorization Documents and Advance Parole Travel Documents. The Court reserves for further consideration, plaintiffs' request for a preliminary injunction prohibit ing defendants from commencing removal proceedings against plaintiffs. However, the Court orders that no further adverse action be taken against the named plaintiffs until further order of the Court. Further, the Court hereby orders supplemental brie fing of no more than 15 pages in length to be filed as follows: On or by 4/28/2008, Plaintiffs' supplemental brief in support of their motion for class certification. On or by 5/1/2008, Defendants' brief explaining the reasons for having co mmenced removal proceedings against any of the named plaintiffs. On or by 5/12/2008, Defendants' reply to plaintiffs' supplemental brief in support of plaintiffs' motion for class certification. Court schedules a hearing on Plaintiffs' Motion for Class Certification 10 on 6/9/2008 at 10:00 AM before Judge Christina A. Snyder. Court Reporter: Laura Elias. (gk)

April 7, 2008 RECAP

FAX number for Attorney Alan R Diamante, Brent W Renison is 503−726−0730. (bb) (Entered: 09/07/2007)

Aug. 30, 2007
107

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Proceedings: Motion for Order Lifting Stay 104 . The Court finds this motion appropriate for decision without oral argument. Accordingly, the hearing date of January 12, 2008 is hereby vacated and the matter taken under submission. The Court GRANTS plaintiffs' motion and hereby liftsthe stay in the instant action. MD JS-5 Case Reopened. (mg)

Jan. 6, 2009 RECAP
108

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Proceedings: Order GRANTING Plaintiffs' MOTION for Class Certification 10 . The Court provisionally GRANTS plaintiffs' motion for class certification as to plaintiffs whose cases arise within the jurisdiction of the Ninth Circuit. The Court further certifies a subclass of alien spouses who entered the United States on fiance visas. (mg)

Jan. 6, 2009 RECAP
2

Notice of Interested Parties filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (bb) (Entered: 09/07/2007)

Aug. 30, 2007
171

FINAL ORDER AND JUDGMENT by Judge Christina A. Snyder. (MD JS-6, Case Terminated). (pp)

April 5, 2010 RECAP
3

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(bb) (Entered: 09/07/2007)

Aug. 30, 2007
4

APPLICATION of Non−Resident Attorney Brent W. Renison to appear on behalf of Plaintiffs Carolyn Robb Hootkins and Maria Moncayo−Gigax. FEE PAID. Lodged Proposed Order. (gk) (Entered: 09/08/2007)

Aug. 30, 2007

FAX number for Attorney Alan R Diamante is 213−943−4553. (gk) (Entered: 09/08/2007)

Aug. 30, 2007
5

ORDER by Judge Christina A. Snyder granting Application of Non−Resident Attorney Brent W. Renison to appear on behalf of Plaintiffs Carolyn Robb Hootkins and class plaintiffs 4 , and designating local counsel Alan R. Diamante. (gk) (Entered: 09/11/2007)

Sept. 4, 2007
6

NOTICE TO COUNSEL: This case has been assigned to the calendar of udge Christina A. Snyder. This Notice to Counsel shall be to all parties appearing propria persona, and for pursposes of this notice, the term "counsel" shall include any person appearing in pro per. Counsel are advised that the Court expects strict compliance with the provisions of the LR and the Fed Rules of Civil Procedure (see document for further details) by Judge Christina A. Snyder,(yl) (Entered: 09/17/2007)

Sept. 17, 2007
7

PROOF OF SERVICE Executed by Plaintiffs upon Defendants Michael Chertoff served on 9/13/2007, answer due 11/13/2007; Condoleezza Rice served on 9/13/2007, answer due 11/13/2007; Maura Harty served on 9/13/2007, answer due 11/13/2007; Emilio Gonzalez served on 9/13/2007, answer due 11/13/2007. The Summons and Complaint were served by personal service, by Federal statute. Service accepted by Genoveva Ortega, Legal Clerk on behalf of Leon W. Weidman, Chief U.S. Attorney's Office. Also attached original return receipts addressed to: (1) Condoleezza Rice, Secretary of State, U.S. Dept. of State, acknowledged by Debbie (last name illegible) on 9/24/2007; (2) Alberto Gonzales, U.S. Attorney General, acknowledged by rubber stamp imprint of Ernest L. Parker on 9/21/2007; (3) Maura Harty, Assistant Secretary for Consular Affairs, U.S. Department of State, acknowledged by Debbie (last name illegible) on 9/24/2007; and (4) Emilio Gonzalez, Dir. U.S.C.I.S. without acknowledgment on return receipt, a copy of the U.S. Postal Service Track &Confirm reflects delivery on 9/21/2007. Original Summons not returned. (gk) (Entered: 10/14/2007)

Oct. 9, 2007
8

NOTICE OF MOTION AND MOTION to Dismiss filed by Defendants Michael Chertoff, Emilio Gonzalez, Condoleezza Rice, and Maura Harty; memorandum of points and authorities. Motion set for hearing on 12/10/2007 at 10:00 AM before Judge Christina A. Snyder. (gk) (Entered: 11/19/2007)

Nov. 13, 2007
9

CROSS MOTION for Summary Judgment as to a matter of law pursuant of FRCP 56(c) filed by Plaintiff−Petitioners and Class Members Condoleezza Rice, Carolyn Robb Hootkins, Maria Moncayo−Gigax.Motion set for hearing on 12/10/2007 at 10:00 AM before Judge Christina A. Snyder. (vh) (Entered: 11/30/2007)

Nov. 26, 2007

PLAINTIFFS' MEMORANDUM in Opposition to Motion to Dismiss re 8 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (vh) (Entered: 11/30/2007)

Nov. 26, 2007
10

NOTICE OF MOTION AND MOTION for Class Certification filed by Plaintiffs−Petitioners and Class Members Carolyn Robb Hootkins, Maria Moncayo−Gigax.Motion set for hearing on 1/28/2008 at 10:00 AM before Judge Christina A. Snyder. Lodged Order. (vh) (Entered: 12/03/2007)

Nov. 28, 2007
11

MEMORANDUM of Points and Authorities in Support of Motion for Class Certification, re 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (vh) (Entered: 12/03/2007)

Nov. 28, 2007
12

NOTICE OF MOTION AND MOTION for Preliminary Injunction re: pursuant to FRCP 65(a) filed by Plaintiffs−Petitioners and Class Members Carolyn Robb Hootkins, Maria Moncayo−Gigax.Motion set for hearing on 1/28/2008 at 10:00 AM before Judge Christina A. Snyder. Lodged Order. (vh) (Entered: 12/03/2007)

Nov. 28, 2007
14

STIPULATION FOR CONTINUANCE OF 12/10/2007 HEARING, JOINT BRIEFING SCHEDULE, AND REQUEST TO FILE BRIEFS IN EXCESS OF PAGE LIMITATIONS AND ORDER by Judge Christina A. Snyder continuing hearing as to Defendants' Motion to Dismiss 8 and Motion for Summary Judgment [9 ] to 1/28/2008 at 10:00 AM before Judge Christina A. Snyder, a date already agreed upon for hearing on Plaintiffs' Motion for Class Certification 10 and Motion for a Preliminary Injunction 12 . On or before 12/15/2007, Plaintiffs will file their Statement of Uncontroverted Facts and Conclusions of Law and their proposed judgment. Defendants' Reply Memorandum, Opposition to Plaintiffs' Motion for Summary Judgment, Opposition to Plaintiffs' Motion for Class Certification, and Opposition to Plaintiffs' Motion for a Preliminary Injunction due by 1/7/2008. Plaintiffs to file Reply Memoranda, if any, by 1/18/2008. Parties have leave to file briefs up to 35 pages in length. (gk) (Entered: 12/06/2007)

Dec. 5, 2007
16

NOTICE OF DISCREPANCY AND ORDER: by Judge Christina A. Snyder, ORDERING Notice of change of address information submitted by Defendant Emilio Gonzalez received on 1/4/08 is not to be filed but instead rejected. Denial based on: LR 11−3.8, LR 11−4.1, FRCiv Rule 5(d), Pursuant to GO 07−08, case is designated for electronic fling. (yl) (Entered: 01/08/2008)

Jan. 7, 2008
15

OPPOSITION to MOTION for Preliminary Injunction re: pursuant to FRCP 65(a) MOTION for Preliminary Injunction re: pursuant to FRCP 65(a) 12 filed by Defendants Condoleezza Rice, Maura Harty, Michael Chertoff, Emilio Gonzalez. (Attachments: # 1 Exhibit 1 and 2# 2 Proposed Order)(Stevens, Elizabeth) (Entered: 01/08/2008)

Jan. 8, 2008
17

NOTICE of Change of Attorney Information for attorney Sheri R Glaser counsel for Defendants Condoleezza Rice, Maura Harty, Michael Chertoff, Emilio Gonzalez. Adding Sheri R. Glaser as attorney as counsel of record for Defendants for the reason indicated in the G−06 Notice. Filed by Attorney for Defendants Defendants (Glaser, Sheri) (Entered: 01/14/2008)

Jan. 14, 2008
18

OPPOSITION to MOTION to Certify Class 10 filed by Defendants Condoleezza Rice, Maura Harty, Michael Chertoff, Emilio Gonzalez. (Attachments: # 1 Exhibit Request for Evidence# 2 Proposed Order)(Leibman, Melissa) (Entered: 01/15/2008)

Jan. 15, 2008
19

REPLY in support of motion to dismiss and opposition to motion for cross summary judgment MOTION for Summary Judgment as to as a matter of law pursuant of FRCP 56(c) MOTION for Summary Judgment as to as a matter of law pursuant of FRCP 56(c) 9 , MOTION to Dismiss Case 8 filed by Defendants Condoleezza Rice, Maura Harty, Michael Chertoff, Emilio Gonzalez. (Attachments: # 1 Exhibit Attachment A)(Leibman, Melissa) (Entered: 01/15/2008)

Jan. 15, 2008
20

STATEMENT of Genuine Issues filed by Defendants Condoleezza Rice, Maura Harty, Michael Chertoff, Emilio Gonzalez (Leibman, Melissa) (Entered: 01/15/2008)

Jan. 15, 2008
21

REPLY in support MOTION for Summary Judgment as to as a matter of law pursuant of FRCP 56(c) MOTION for Summary Judgment as to as a matter of law pursuant of FRCP 56(c) 9 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Attachments: # 1 Appendix Attachment A − Matter of O −)(Renison, Brent) (Entered: 01/16/2008)

Jan. 16, 2008
22

REPLY in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 01/16/2008)

Jan. 16, 2008
23

AMENDED DOCUMENT filed by Defendants Condoleezza Rice, Maura Harty, Michael Chertoff, Emilio Gonzalez. Amendment to Response in Opposition to Motion 18 Amended Certificate of Service (Leibman, Melissa) (Entered: 01/16/2008)

Jan. 16, 2008
25

AMENDED DOCUMENT filed by Defendants Condoleezza Rice, Maura Harty, Michael Chertoff, Emilio Gonzalez. Amendment to Reply (Motion related), Reply (Motion related) 19 Amended Certificate of Service (Leibman, Melissa) (Entered: 01/16/2008)

Jan. 16, 2008
26

REPLY in support of MOTION for Preliminary Injunction re: pursuant to FRCP 65(a) MOTION for Preliminary Injunction re: pursuant to FRCP 65(a) 12 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Attachments: # 1 Appendix Attachment A# 2 Appendix Attachment B# 3 Appendix Attachment C)(Renison, Brent) (Entered: 01/18/2008)

Jan. 18, 2008
27

MINUTES OF Motion Hearing held before Judge Christina A. Snyder: The Court continues defendants' Motion to Dismiss 8 to 3/3/2008 at 10:00 AM before Judge Christina A. Snyder, and orders further briefing as follows: defendant's opening shall be filed on or before 1/11/2008; plaintiffs' opposition shall be filed on or before 2/19/2008; and defendants' reply shall be filed on or before 2/25/2008. The Court DENIES plaintiffs' Motion for Summary Judgment as to a Matter of Law Pursuant to FRCP 56 (c) 9 without prejudice subject to being renewed. The Court stays plaintiffs Motion for Class Certification 10 to be addressed at the 3/3/2008 hearing on defendants motion to dismiss. The Court continues Plaintiffs Motion for Preliminary Injunction 12 to 3/31/2008 at 10:00 AM before Judge Christina A. Snyder. Court Reporter: Laura Elias. (gk) (Entered: 01/31/2008)

Jan. 28, 2008
28

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: Incorrect event selected. Correct event is Proof of Service (subsequent document). Title page is missing: RE Amended Certificate of Service filed 1/16/2008 23 . (gk) (Entered: 02/03/2008)

Feb. 2, 2008
29

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: Incorrect event selected. Correct event is Proof of Service (subsequent document). Title page is missing: RE Amended Certificate of Service filed 1/16/2008 24 . (gk) (Entered: 02/03/2008)

Feb. 2, 2008
30

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: Incorrect event selected. Correct event is Proof of Service (subsequent document). Title page is missing: RE Amended Certificate of Service filed 1/16/2008 25 . (gk) (Entered: 02/03/2008)

Feb. 2, 2008
31

STIPULATION to Continue Hearing on Motion for Preliminary Injunction from March 31, 2008 at 10:00 a.m. to April 7, 2008 at 10:00 a.m. Re: Motion Hearing,,,, Link Motions to Minutes,,,, Set Motion and RRDeadlines,,, 27 filed by plaintiff Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Attachments: # 1 Proposed Order)(Renison, Brent) (Entered: 02/07/2008)

Feb. 7, 2008
32

SUPPLEMENT to MOTION to Dismiss Case 8 Supplemental Memorandum of Law in Support of Motion to Dismiss filed by Defendants Condoleezza Rice, Maura Harty, Michael Chertoff, Emilio Gonzalez. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Stevens, Elizabeth) (Entered: 02/11/2008)

Feb. 11, 2008
33

OPPOSITION to MOTION to Dismiss Case 8 Response in Opposition to Defendants' Supplemental Memorandum of Law filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Attachments: # 1 Appendix Exhibit A# 2 Appendix Exhibit B# 3 Appendix Exhibit C)(Renison, Brent) (Entered: 02/15/2008)

Feb. 15, 2008
34

ORDER by Judge Christina A. Snyder, re: Stipulation to Continue 31 . IT IS HEREBY ORDERED: The Court continues Plaintiffs' Motion for Preliminary Injunction to 4/7/2008 at 10:00 a.m. IT IS SO ORDERED. (mmu) (Entered: 02/20/2008)

Feb. 19, 2008
35

MINUTES OF Motion Hearing held before Judge Christina A. Snyder: The Court takes defendants' motion under submission. The Court will issue a final order. Court Reporter: Laura Elias. (mmu) (Entered: 03/07/2008)

March 3, 2008
37

FIRST AMENDED COMPLAINT against defendants Michael Chertoff, Emilio Gonzalez; Party Condoleezza Rice terminated amending Complaint − (Discovery) 1 Party Maura Harty terminated ,filed by plaintiff Carolyn Robb Hootkins, Maria Moncayo−Gigax (Renison, Brent) (Entered: 03/20/2008)

March 20, 2008
38

STIPULATION to Clarify This Court's February 19, 2008 order filed by Attorney for Defendants Maura Harty, Michael Chertoff, Emilio Gonzalez. (Attachments: # 1 Proposed Order)(Glaser, Sheri) (Entered: 03/25/2008)

March 25, 2008
39

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found document title does not match docket entry: RE Stipulation to Clarify 38 (mmo) (Entered: 04/01/2008)

March 25, 2008
40

DECLARATION of David Asser, Esq. in support of MOTION for Preliminary Injunction re: pursuant to FRCP 65(a) MOTION for Preliminary Injunction re: pursuant to FRCP 65(a) 12 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/02/2008)

April 2, 2008
41

DECLARATION of Yelena Arias Angulo in support of MOTION for Preliminary Injunction re: pursuant to FRCP 65(a) MOTION for Preliminary Injunction re: pursuant to FRCP 65(a) 12 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/02/2008)

April 2, 2008
42

DECLARATION of Maria Paula Robledo in support of MOTION for Preliminary Injunction re: pursuant to FRCP 65(a) MOTION for Preliminary Injunction re: pursuant to FRCP 65(a) 12 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/02/2008)

April 2, 2008
43

DECLARATION of Maria Raquel Pascoal Williams in support of MOTION for Preliminary Injunction re: pursuant to FRCP 65(a) MOTION for Preliminary Injunction re: pursuant to FRCP 65(a) 12 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/02/2008)

April 2, 2008
45

ANSWER to Amended Complaint, 37 Defendants' Answer to Plaintiffs' First Amended Complaint For Declaratory and Injunctive Relief and Petition for Writ of Mandamus filed by Counsel for Defendants Maura Harty, Michael Chertoff, Emilio Gonzalez.(Glaser, Sheri) (Entered: 04/11/2008)

April 11, 2008
46

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Title page lacks counsel's name, California bar number, office address, telephone and facsimile numbers and e−mail address, commencing with line 1 at the left margin, pursuant to Local Rule 11−3.8(a) RE: Declaration of David Asser filed 4/2/2008 40 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered:

April 28, 2008
48

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Title page lacks counsel's name, California bar number, office address, telephone and facsimile numbers and e−mail address, commencing with line 1 at the left margin, pursuant to Local Rule 11−3.8(a) RE: Declaration of Maria Paula Robledo filed 4/2/2008 42 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 04/28/2008)

April 28, 2008
49

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Title page lacks counsel's name, California bar number, office address, telephone and facsimile numbers and e−mail address, commencing with line 1 at the left margin, pursuant to Local Rule 11−3.8(a) RE: Declaration of Maria Raquel Pascoal Williams filed 4/2/2008 43 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 04/28/2008)

April 28, 2008
50

MEMORANDUM in Support of MOTION to Certify Class 10 Supplemental Memorandum of Law in Support of Motion for Class Certification filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
51

DECLARATION of Yelena Arias Angulo in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
52

DECLARATION of Farah Batool in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
53

DECLARATION of Sarah Bayor in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
54

DECLARATION of Agnieszka Bernstein in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
55

DECLARATION of Dodzener Naomi Clarke Blackstock in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
56

DECLARATION of Elsa Brenteson in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
57

DECLARATION of Xiuru Chen in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
58

DECLARATION of Suzanne De Mailly in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
59

DECLARATION of Maria Diaz Ruiz in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison,

April 28, 2008
61

DECLARATION of Rose Fishman Corman in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
62

DECLARATION of Pauline Marie Gobeil in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
63

DECLARATION of Zainab M. Hassan in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
64

DECLARATION of Carolyn Pera Robb Hootkins in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
65

DECLARATION of Philip Hornik in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
66

DECLARATION of Raymond W. Lockett in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
67

DECLARATION of Ana Maria Moncayo Gigax in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
68

DECLARATION of Monika Monroe in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
69

DECLARATION of Ngoc Dieu Nguyen in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
70

DECLARATION of Purita Manuel Poindexter in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
71

DECLARATION of Elaine Nodado Pulley in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
72

DECLARATION of Brent W. Renison in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
73

DECLARATION of Markku Tapio Ripatti in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
74

DECLARATION of Maria Jasmin Algo Simpson in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
75

DECLARATION of Stella Standifer in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
76

DECLARATION of Juntanee Tamborello in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
78

DECLARATION of Maria Raquel Pascoal Williams in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
79

DECLARATION of Khin Win in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
80

DECLARATION of Ju−Hui Yang in support of MOTION to Certify Class 10 filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) (Entered: 04/28/2008)

April 28, 2008
81

NOTICE To Court Regarding Removal proceedings filed by Defendants Maura Harty, Michael Chertoff, Emilio Gonzalez. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Stevens, Elizabeth) (Entered: 04/30/2008)

April 30, 2008
84

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Based on these representations, the Court finds that there is no imminent threat of harm that would justify the entry of a preliminary injunction 12 . Accordingly, the Court DENIES plaintiffs' request for a preliminary injunction prohibiting defendants from commencing removal proceedings against plaintiffs without prejudice to the request being renewed if further adverse action is taken, or threatened to be taken, against named plaintiffs. (gk) (Entered: 05/13/2008)

May 9, 2008
82

OPPOSITION to MOTION to Certify Class 10 Defendants' Response to Plaintiffs' Supplemental Memorandum of Law In Support of Motion For Class Certification filed by Defendants Michael Chertoff, Emilio Gonzalez. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Declaration Exhibit 3)(Glaser, Sheri) (Entered: 05/12/2008)

May 12, 2008
83

SUPPLEMENT Supplemental Statement To Defendants' Response To Plaintiffs' Supplemental Memorandum Of Law In Support Of Motion For Class Certification filed by Defendants Michael Chertoff, Emilio Gonzalez. (Glaser, Sheri) (Entered: 05/13/2008)

May 13, 2008
85

REPLY in support of MOTION to Certify Class 10 Plaintiffs' Reply in Support of Supplemental Memorandum of Law in Support of Motion for Class Certification filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Renison, Brent) ** DOCUMENT STRICKEN PURSUANT TO ORDER FILED 6/6/2008 92 ** Modified on 6/9/2008 (gk). (Entered: 05/19/2008)

May 19, 2008
86

STIPULATION File Gobeil Decl. (Doc. No. 62); Standifer Decl. (Doc. No. 75); Ex. 1 to Def. Mot. (Doc. No. 82−2) Under Seal filed by plaintiff Carolyn Robb Hootkins, Maria Moncayo−Gigax. (Attachments: # 1 Proposed Order)(Renison, Brent) (Entered: 05/20/2008)

May 20, 2008
87

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Application to file documents under seal should be manually filed and a Notice of Manual Filing should be electronically filed pursuant to General Order 08−02. RE: Stipulated Motion to Seal filed 5/20/2008 86 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 05/29/2008)

May 29, 2008
91

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: On the Court's own motion, the Court continues Plaintiff's Motion for Class Certification to 6/30/2008 at 10:00 AM before Judge Christina A. Snyder. Court Reporter: Not Present. (gk) (Entered: 06/03/2008)

June 2, 2008
88

NOTICE of Change of Attorney Information for attorney Sheri R Glaser counsel for Defendants Michael Chertoff, Jonathan Scharfen. Changing address to P.O. Box 868, Ben Franklin Station, Washington, D.C. 20044. Changing fax number to 202−616−8962. Filed by Counsel for Defendants Sheri R. Glaser (Glaser, Sheri) (Entered: 06/03/2008)

June 3, 2008
90

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: account information was not updated in the ECF system RE: Notice of Change of Attorney Information (G−06), Notice of Change of Attorney Information (G−06) 88 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (vh) (Entered: 06/03/2008)

June 3, 2008
92

ORDER by Judge Christina A. Snyder granting Defendants' Ex Parte Application to Strike Plaintiffs' Unauthorized Reply in Support of Supplemental Memorandum in Support of Motion for Class Certification 89 . Plaintiffs' reply in support of supplemental memorandum of law in support of motion for class certification 85 is stricken. (gk) (Entered: 06/09/2008)

June 6, 2008
95

MINUTES OF Motion Hearing held before Judge Christina A. Snyder: Hearing held and counsel are present. Tentative provided. The Court confers with counsel and counsel argue. The Court takes plaintiffs motion under submission and orders each side to submit revised proposed definitions forthwith, as stated in Court and on the record. The Court will issue a final order thereafter.Court Reporter: Laura Elias. (pso) (Entered: 07/07/2008)

June 30, 2008
93

Proposed Class Definition filed by Plaintiffs Carolyn Robb Hootkins, Maria Moncayo−Gigax re: MOTION to Certify Class 10 (Renison, Brent) (Entered: 07/02/2008)

July 2, 2008
94

Proposed Class Definition filed by Defendants Michael Chertoff, Jonathan Scharfen (Glaser, Sheri) (Entered: 07/03/2008)

July 3, 2008
96

Joint STIPULATION to Stay Case pending determination on settlement in 48 hours filed by Defendants Maura Harty, Michael Chertoff, Jonathan Scharfen. (Attachments: # 1 Proposed Order)(Stevens, Elizabeth) (Entered: 07/08/2008)

July 8, 2008
98

ORDER GRANTING STIPULATION TO HOLD THE COURT'S CLASS CERTIFICATION RULING IN ABEYANCE FOR FORTY−EIGHT HOURS by Judge Christina A. Snyder: Upon Stipulation 96 , IT IS SO ORDERED, that the Court will hold its ruling on class certification in abeyance for forty−eight hours. (gk) (Entered: 07/11/2008)

July 9, 2008
97

STIPULATION to Stay Case pending Settlement Discussions filed by Counsel for Defendants Michael Chertoff, Jonathan Scharfen. (Attachments: # 1 Proposed Order)(Glaser, Sheri) (Entered: 07/10/2008)

July 10, 2008
99

ORDER GRANTING STIPULATION TO HOLD THE CASE IN ABEYANCE PENDING SETTLEMENT DISCUSSIONS by Judge Christina A. Snyder: Upon Stipulation 97 , IT IS SO ORDERED, that the Court will hold this case in abeyance pending settlement discussions. Counsel are directed to submit a status report every 30 days. (gk) (Entered: 07/18/2008)

July 17, 2008
100

STATUS REPORT Joint Status Report filed by Defendants Michael Chertoff, Jonathan Scharfen. (Glaser, Sheri) (Entered: 08/15/2008)

Aug. 15, 2008
101

STIPULATION to Stay Case pending Legislation filed by Counsel for Defendants Michael Chertoff, Jonathan Scharfen. (Attachments: # 1 Proposed Order)(Glaser, Sheri) (Entered: 08/15/2008)

Aug. 15, 2008

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 30, 2007

Closing Date: April 5, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All beneficiaries of immediate relative petitions whose petitioning relatives died prior to beneficiaries’ adjudication and approval of lawful permanent resident status.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of State, Federal

U.S. Citizenship and Immigration Services, 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.

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

Mandamus, 28 U.S.C. § 1361

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

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 125,000

Order Duration: 2010 - 2012

Content of Injunction:

Preliminary relief denied

Issues

Immigration/Border:

Admission - criteria

Family Separation

Status/Classification

U.S. citizenship - acquiring