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Case: Ahmadi v. Chertoff

3:07-cv-03455 | U.S. District Court for the Northern District of California

Filed Date: July 2, 2007

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On July 2, 2007, plaintiffs who had voluntarily dismissed their claims in a prior lawsuit styled Zhang v. Gonzales [IM-CA-0055 of this collection] refiled their claims in a new case in the U.S. District Court California Northern District. The refiled case was styled Ahmadi v. Chertoff, 07-3455-WHA. Plaintiffs filed a first amended complaint on August 10, 2007.The Ahamdi amended complaint alleged that plaintiffs were all long-time lawful permanent residents of the United States whose naturaliza…

On July 2, 2007, plaintiffs who had voluntarily dismissed their claims in a prior lawsuit styled Zhang v. Gonzales [IM-CA-0055 of this collection] refiled their claims in a new case in the U.S. District Court California Northern District. The refiled case was styled Ahmadi v. Chertoff, 07-3455-WHA. Plaintiffs filed a first amended complaint on August 10, 2007.

The Ahamdi 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 U.S. Citizenship and Immigration Services ("USCIS"), an agency of the Department of Homeland Security, awaiting the results of an "FBI name check." Plaintiffs asserted that the unreasonable delays caused by the FBI name check process violated the Administrative Procedures Act and the Due Process Clause of the Fifth Amendment. Plaintiffs sought a judicial determination of naturalization applications pursuant to 8 U.S.C. 1447(b), as well as other 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.

Several of the plaintiffs subsequently dismissed their claims because their naturalization applications had been accepted or their FBI name checks were finally completed.

The U.S. denied the plaintiffs' allegations and moved to dismiss the case for lack of jurisdiction and failure to state a claim. Plaintiffs moved for class certification on September 5, 2007. Ruling on that motion was deferred until the Court ruled on the government's motions to dismiss.

On October 15, 2007, the District Court (Judge William H. Alsup) granted in part and denied in part the government's motion to dismiss. The Court refused to dismiss the case for lack of jurisdiction, but dismissed plaintiffs' claims under the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment for failure to state a claim. Ahmadi v. Chertoff, 2007 WL 3022573 (N.D.Cal. Oct. 15, 2007).

In April 2008, the court granted the Plaintiffs permission to file a Third Amended Complaint, and denied class action status. On July 20, 2008, in response to Third Amended Complaint and upon Plaintiffs' motion, relief was granted in the form an Order for Voluntary Dismissal, Remand, and Dismissal of Claims. USCIS had failed to adjudicate Plaintiffs' applications with the 120-day time line, which, the Court found, began to run after their naturalization interviews, contrary to the government's contention that the 120 window for adjudication did not being until after the name-check was completed. One Plaintiff was dismissed as his claim had become moot, his application was accepted, and dismissal was necessary for him to take his oath of citizenship. Remand, the effective remedy, was granted to two Plaintiffs to USCIS for instructions do adjudicate their applications within the 120 day limit. The case was to remain open until such action was certified to the court, and required to be done so by August 18, 2008. Their applications were accepted the next day. Claims regarding the APA and a writ of mandamus compelling completion of background checks were dismissed as moot per Plaintiff's argument. The case was closed on August 4, 2008, after certification of adjudication of Plaintiffs' applications.

Summary Authors

Dan Dalton (11/6/2007)

Carlos Torres (6/24/2013)

Related Cases

Zhang v. Gonzales, Northern District of California (2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4167862/parties/ahmadi-v-chertoff/


Judge(s)

Alsup, William Haskell (California)

Attorneys(s) for Plaintiff

Gallinger, Todd (California)

Guttentag, Lucas (California)

Ling, Sin Yen (California)

Lyons, Christopher Joren (California)

Mass, Julia Harumi (California)

Schlosser, Alan Lawrence (California)

Wang, Cecillia D (California)

Attorneys(s) for Defendant

Katsas, Gregory George (District of Columbia)

Olsen, Edward A (California)

Judge(s)

Alsup, William Haskell (California)

Attorneys(s) for Plaintiff

Gallinger, Todd (California)

Guttentag, Lucas (California)

Ling, Sin Yen (California)

Lyons, Christopher Joren (California)

Mass, Julia Harumi (California)

Schlosser, Alan Lawrence (California)

Wang, Cecillia D (California)

Attorneys(s) for Defendant

Katsas, Gregory George (District of Columbia)

Olsen, Edward A (California)

Robins, Jeffrey S (District of Columbia)

Russoniello, Joseph R. (California)

Stevens, Elizabeth Jones (District of Columbia)

Swanson, Joann M. (California)

Documents in the Clearinghouse

Document

3:07-cv-03455

Docket (PACER)

Oct. 30, 2007

Oct. 30, 2007

Docket
14

3:07-cv-03455

First Amended Complaint []

Aug. 10, 2007

Aug. 10, 2007

Complaint
15

3:07-cv-03455

Stipulation of Dismissal of Claims of Plaintiffs Miao Ling Huang and Fu Zhong

Aug. 10, 2007

Aug. 10, 2007

Pleading / Motion / Brief
38

3:07-cv-03455

Opinion

Oct. 15, 2007

Oct. 15, 2007

Order/Opinion
47

3:07-cv-03455

Second Amended Complaint for Declaratory and Injunctive Relief and Petition for Naturalization Pursuant to 8 U.S.C. § 1447(B)

Nov. 15, 2007

Nov. 15, 2007

Complaint
48

3:07-cv-03455

Defendants' Answer to Plaintiffs' Second Amended Complaint

Nov. 30, 2007

Nov. 30, 2007

Pleading / Motion / Brief
77

3:07-cv-03455

Rule 54(b) Judgment

April 25, 2008

April 25, 2008

Order/Opinion
79

3:07-cv-03455

Third Amended Complaint

Sayed v. Chertoff

May 15, 2008

May 15, 2008

Complaint
81

3:07-cv-03455

Defendants' Answer to Plaintiffs' Third Amended Complaint

Sayed v. Chertoff

May 30, 2008

May 30, 2008

Pleading / Motion / Brief
97

3:07-cv-03455

Order: (1) Granting Plaintiff's Request for Voluntary Dismissal; (2) Granting in Part Defendants' Motion to Remand; and (3) Granting Plaintiff's Request to Dismiss Second and Third Claims as Moot

Sayed v. Chertoff

July 18, 2008

July 18, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4167862/ahmadi-v-chertoff/

Last updated Sept. 4, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT against Michael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still ( Filing fee $ 350, receipt number 34611007898.). Filed byYan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang. (sis, COURT STAFF) (Filed on 7/2/2007) Additional attachment(s) added on 7/13/2007 (sis, COURT STAFF). (Entered: 07/03/2007)

July 2, 2007

July 2, 2007

RECAP
2

MOTION to Related Case. Case 07-503 SBA, filed by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang. (sis, COURT STAFF) (Filed on 7/2/2007) Additional attachment(s) added on 7/13/2007 (sis, COURT STAFF). (Entered: 07/03/2007)

July 2, 2007

July 2, 2007

RECAP
3

ADR SCHEDULING ORDER: Case Management Statement due by 10/4/2007. Case Management Conference set for 10/11/2007 11:00 AM. (sis, COURT STAFF) (Filed on 7/2/2007) (Entered: 07/03/2007)

July 2, 2007

July 2, 2007

RECAP
4

SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 3 ADR Scheduling Order (Attachments: # 1 Standing Order)(sis, COURT STAFF) (Filed on 7/2/2007) (Entered: 07/03/2007)

1 Standing Order

View on RECAP

July 2, 2007

July 2, 2007

RECAP
5

SUMMONS Returned Executed by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang. Michael Chertoff served on 7/2/2007, answer due 8/31/2007. (Wang, Cecillia) (Filed on 7/3/2007) Additional attachment(s) added on 7/19/2007 (sis, COURT STAFF). (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

RECAP
6

SUMMONS Returned Executed by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang. Robert S. Mueller, III served on 7/2/2007, answer due 8/31/2007. (Wang, Cecillia) (Filed on 7/3/2007) Additional attachment(s) added on 7/19/2007 (sis, COURT STAFF). (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

RECAP
7

SUMMONS Returned Executed by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang. Alberto Gonzales served on 7/2/2007, answer due 8/31/2007. (Wang, Cecillia) (Filed on 7/3/2007) Additional attachment(s) added on 7/19/2007 (sis, COURT STAFF). (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

RECAP
8

SUMMONS Returned Executed by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang. Emilio T. Gonzalez served on 7/2/2007, answer due 8/31/2007. (Wang, Cecillia) (Filed on 7/3/2007) Additional attachment(s) added on 7/19/2007 (sis, COURT STAFF). (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

RECAP
9

SUMMONS Returned Executed by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang. David Still served on 7/2/2007, answer due 8/31/2007. (Wang, Cecillia) (Filed on 7/3/2007) Additional attachment(s) added on 7/19/2007 (sis, COURT STAFF). (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

RECAP
10

CERTIFICATE OF SERVICE by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang re Summons Issued as to USA, 4 SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE, Case Referred to ECF, 3 ADR Scheduling Order, 1 Complaint, 2 MOTION to Related Case (Wang, Cecillia) (Filed on 7/3/2007) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

RECAP
11

NOTICE by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang AMENDED NOTICE OF RELATED CASE (Wang, Cecillia) (Filed on 7/12/2007) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

RECAP
12

NOTICE of Appearance by Elizabeth J. Stevens on behalf of all Defendants (Stevens, Elizabeth) (Filed on 7/31/2007) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

RECAP
13

NOTICE of Appearance by Jeffrey S. Robins (Robins, Jeffrey) (Filed on 7/31/2007) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

RECAP
14

AMENDED COMPLAINT against all defendants. Filed byAlia Ahmadi. (Wang, Cecillia) (Filed on 8/10/2007) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

RECAP
15

STIPULATION of Dismissal of Claims of Plaintiffs Miao Ling Huang and Fu Zhong by Alia Ahmadi. (Wang, Cecillia) (Filed on 8/10/2007) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

RECAP
16

MOTION to Dismiss filed by Michael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still. Motion Hearing set for 10/11/2007 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Robins, Jeffrey) (Filed on 8/31/2007) (Entered: 08/31/2007)

1 Proposed Order

View on RECAP

Aug. 31, 2007

Aug. 31, 2007

RECAP
17

Declaration of Jeffrey S. Robins in Support of 16 MOTION to Dismiss filed byMichael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Attachment A)(Related document(s) 16 ) (Robins, Jeffrey) (Filed on 8/31/2007) (Entered: 08/31/2007)

1 Exhibit Exhibit 1

View on RECAP

2 Exhibit Exhibit 2

View on RECAP

3 Exhibit Exhibit 3

View on RECAP

4 Exhibit Attachment A

View on RECAP

Aug. 31, 2007

Aug. 31, 2007

RECAP
18

EXHIBITS re 17 Declaration in Support, Attachment A filed byMichael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still. (Related document(s) 17 ) (Robins, Jeffrey) (Filed on 8/31/2007) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

RECAP
19

MOTION to Certify Class filed by Alia Ahmadi. Motion Hearing set for 10/11/2007 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Wang, Cecillia) (Filed on 9/5/2007) Modified on 1/18/2008 (sis, COURT STAFF). (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

RECAP
20

Declaration of Helen Sterling in Support of 19 MOTION to Certify Class filed byAlia Ahmadi. (Related document(s) 19 ) (Wang, Cecillia) (Filed on 9/5/2007) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

RECAP
21

Declaration of Leona Kwon in Support of 19 MOTION to Certify Class filed byAlia Ahmadi. (Related document(s) 19 ) (Wang, Cecillia) (Filed on 9/5/2007) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

RECAP
22

Declaration of Sin Yen Ling in Support of 19 MOTION to Certify Class filed byAlia Ahmadi. (Related document(s) 19 ) (Wang, Cecillia) (Filed on 9/5/2007) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

RECAP
23

Declaration of Yumna Daimee in Support of 19 MOTION to Certify Class filed byAlia Ahmadi. (Related document(s) 19 ) (Wang, Cecillia) (Filed on 9/5/2007) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

RECAP
24

Proposed Order re 19 MOTION to Certify Class by Alia Ahmadi. (Wang, Cecillia) (Filed on 9/5/2007) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

RECAP
25

Ex Parte Application filed by Michael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still. (Robins, Jeffrey) (Filed on 9/10/2007) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

RECAP
26

ORDER by Judge Alsup granting in part and denying in part 25 Ex Parte Application (whalc1, COURT STAFF) (Filed on 9/12/2007) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

RECAP
27

MEMORANDUM in Support re 19 MOTION to Certify Class (Corrected Version) filed byAlia Ahmadi. (Attachments: # 1 Exhibit Exhibit A (CIS Table 23, cited in note 1))(Related document(s) 19 ) (Wang, Cecillia) (Filed on 9/12/2007) (Entered: 09/12/2007)

1 Exhibit Exhibit A (CIS Table 23, cited in note 1)

View on RECAP

Sept. 12, 2007

Sept. 12, 2007

RECAP
28

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Wang, Cecillia) (Filed on 9/20/2007) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

RECAP
29

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Wang, Cecillia) (Filed on 9/20/2007) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

RECAP
30

Memorandum in Opposition re 16 MOTION to Dismiss filed byAlia Ahmadi. (Attachments: # 1 Exhibit A)(Wang, Cecillia) (Filed on 9/20/2007) (Entered: 09/20/2007)

1 Exhibit A

View on RECAP

Sept. 20, 2007

Sept. 20, 2007

RECAP
31

REPLY to 30 Response to 16 Motion filed byMichael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still. (Attachments: # 1 Exhibit Attachment A# 2 Exhibit Attachment B)(Robins, Jeffrey) (Filed on 9/27/2007) Modified on 9/28/2007 (sis, COURT STAFF). (Entered: 09/27/2007)

1 Exhibit Attachment A

View on RECAP

2 Exhibit Attachment B

View on RECAP

Sept. 27, 2007

Sept. 27, 2007

RECAP
32

STIPULATION AND ORDER OF DISMISSAL OF CLAIMS OF PLAINTIFFS MIAO LING HUANG AND FU ZHONG. Signed by Judge Alsup on October 2, 2007. (whalc1, COURT STAFF) (Filed on 10/2/2007) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

RECAP
33

JOINT CASE MANAGEMENT STATEMENT filed by Alia Ahmadi. (Wang, Cecillia) (Filed on 10/4/2007) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

RECAP
34

Minute Entry: Initial Case Management Conference NOT held on 10/11/2007 before William Alsup (Date Filed: 10/11/2007), Motion Hearing held on 10/11/2007 before William Alsup (Date Filed: 10/11/2007) re 16 MOTION to Dismiss filed by Michael Chertoff, Alberto Gonzales, Emilio T. Gonzalez, Robert S. Mueller, III, David Still. (Court Reporter Sahar McVickar.) (dt, COURT STAFF) (Date Filed: 10/11/2007) (Entered: 10/11/2007)

Oct. 11, 2007

Oct. 11, 2007

RECAP
35

STIPULATION of Partial Dismissal of Claims of Plaintiffs Mikulicic, Petrovic, Taky and Wang by Alia Ahmadi. (Wang, Cecillia) (Filed on 10/11/2007) (Entered: 10/11/2007)

Oct. 11, 2007

Oct. 11, 2007

RECAP
36

CASE MANAGEMENT SCHEDULING ORDER: ORDER REFERRING CASE to Magistrate Judge Bernard Zimmerman for Settlement/Mediation. Bench Trial set for 9/22/2008 07:30 AM in Courtroom 9, 19th Floor, San Francisco. Pretrial Conference set for 9/15/2008 02:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge William Alsup on 10/11/2007. (whasec, COURT STAFF) (Filed on 10/11/2007) (Entered: 10/11/2007)

Oct. 11, 2007

Oct. 11, 2007

RECAP
37

STIPULATION AND ORDER OF PARTIAL DISMISSAL OF CLAIMS OF PLAINTIFFS VLADIMIR MIKULICIC, BILJANA PETROVIC, EIMAN TAKY, AND YAN WANG. Signed by Judge Alsup on October 12, 2007. (whalc1, COURT STAFF) (Filed on 10/12/2007) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

RECAP
38

ORDER by Judge Alsup granting in part and denying in part 16 Motion to Dismiss (whalc1, COURT STAFF) (Filed on 10/15/2007) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

RECAP
39

CLERK'S NOTICE REGARDING NOTICE OF RELATED CASES (lrc, COURT STAFF) (Filed on 10/16/2007) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

RECAP
40

STIPULATION to Take Class Certification Motion Off Calendar by Alia Ahmadi. (Mass, Julia) (Filed on 10/17/2007) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

RECAP
41

STIPULATION AND ORDER TO TAKE CLASS CERTIFICATION MOTION OFF CALENDAR. Signed by Judge Alsup on October 17, 2007. (whalc1, COURT STAFF) (Filed on 10/17/2007) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

RECAP
42

ORDER SCHEDULING SETTLEMENT CONFERENCE. Signed by Judge Bernard Zimmerman on 10/23/2007. (bzsec, COURT STAFF) (Filed on 10/23/2007) (Entered: 10/23/2007)

Oct. 23, 2007

Oct. 23, 2007

RECAP
43

SECOND AMENDED ORDER SCHEDULING SETTLEMENT CONFERENCE (CORRECTING TIME OF SETTLEMENT CONFERENCE). Signed by Judge Bernard Zimmerman on 10/23/2007. (bzsec, COURT STAFF) (Filed on 10/23/2007) (Entered: 10/23/2007)

Oct. 23, 2007

Oct. 23, 2007

RECAP
44

STIPULATION of Extension of Time to File Answer by Michael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still. (Olsen, Edward) (Filed on 10/29/2007) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

RECAP
45

STIPULATION [Corrected] Stipulation of Extension of Time to File Answer by Michael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still. (Olsen, Edward) (Filed on 10/29/2007) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

RECAP
46

STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE ANSWER. Signed by Judge Alsup on October 30, 2007. (whalc1, COURT STAFF) (Filed on 10/30/2007) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

RECAP
47

AMENDED COMPLAINT 2nd Amended Complaint against all defendants. Filed byAlia Ahmadi. (Mass, Julia) (Filed on 11/15/2007) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

RECAP
48

ANSWER to Amended Complaint byMichael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Robins, Jeffrey) (Filed on 11/30/2007) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

RECAP
49

MOTION for Entry of Judgment under Rule 54(b) filed by Alia Ahmadi. Motion Hearing set for 1/31/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Wang, Cecillia) (Filed on 12/27/2007) (Entered: 12/27/2007)

Dec. 27, 2007

Dec. 27, 2007

RECAP
50

Proposed Order re 49 MOTION for Entry of Judgment under Rule 54(b) by Alia Ahmadi. (Wang, Cecillia) (Filed on 12/27/2007) (Entered: 12/27/2007)

Dec. 27, 2007

Dec. 27, 2007

RECAP
51

Memorandum in Opposition 49 to Plaintiffs' Motion for Entry of Partial Judgment Pursuant to Fed. R. Civ. P. 54(b) filed byMichael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Robins, Jeffrey) (Filed on 1/10/2008) Modified on 1/14/2008 (sis, COURT STAFF). (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

RECAP
52

STIPULATION for Protective Order by Michael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Robins, Jeffrey) (Filed on 1/16/2008) (Entered: 01/16/2008)

Jan. 16, 2008

Jan. 16, 2008

RECAP
53

ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS. Signed by Judge Alsup on January 17, 2008. (whalc1, COURT STAFF) (Filed on 1/17/2008) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

RECAP
54

Reply Memorandum 49 in Support of Motion for Entry of Partial Judgment Pursuant to Fed. R. Civ. P. 54(B) filed byAlia Ahmadi. (Wang, Cecillia) (Filed on 1/17/2008) Modified on 1/18/2008 (sis, COURT STAFF). (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

RECAP
55

Proposed Order 49 (Amended) and Entry of Partial Final Judgment Pursuant to Federal Rule of Civil Procedure 54(B) by Alia Ahmadi. (Wang, Cecillia) (Filed on 1/17/2008) Modified on 1/18/2008 (sis, COURT STAFF). (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

RECAP
56

NOTICE by Alia Ahmadi (Amended) of Motion for Class Certification (Wang, Cecillia) (Filed on 1/17/2008) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

RECAP
57

ORDER SCHEDULING FURTHER SETTLEMENT CONFERENCE. Signed by Magistrate Judge Bernard Zimmerman on 1/29/2008. (bzsec, COURT STAFF) (Filed on 1/29/2008) (Entered: 01/29/2008)

Jan. 29, 2008

Jan. 29, 2008

RECAP
58

MOTION for Leave to File to File Surreply filed by Michael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. Motion Hearing set for 1/31/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Affidavit, # 2 Appendix)(Olsen, Edward) (Filed on 1/29/2008) (Entered: 01/29/2008)

1 Affidavit

View on RECAP

2 Appendix

View on RECAP

Jan. 29, 2008

Jan. 29, 2008

RECAP
59

JOINT CASE MANAGEMENT STATEMENT (Supplemental) filed by Alia Ahmadi. (Mass, Julia) (Filed on 1/30/2008) (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

RECAP
60

ORDER GRANTING SUPPLEMENTAL JOINT STATEMENT re 59 Case Management Statement (Joint) filed by Alia Ahmadi. Motion for Partial Judgment and Motion for Class Certification Hearing set for 4/24/2008 08:00 AM. Signed by Judge William Alsup on 1/31/08. (dt, COURT STAFF) (Filed on 1/31/2008) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

RECAP
61

Minute Entry: Settlement Conference held. Further settlement conference scheduled. (Date Filed: 1/31/2008). (bzsec, COURT STAFF) (Date Filed: 1/31/2008) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

RECAP
62

Minute Entry: Motion Hearing held on 1/31/2008 before William Alsup (Date Filed: 1/31/2008) re 49 MOTION for Entry of Judgment under Rule 54(b) filed by Alia Ahmadi. (Court Reporter Sahar McVickar.) (dt, COURT STAFF) (Date Filed: 1/31/2008) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

RECAP
63

JOINT CASE MANAGEMENT STATEMENT (Amended Supplemental) filed by Alia Ahmadi. (Mass, Julia) (Filed on 2/1/2008) (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

RECAP
64

STIPULATION of Dismissal by Alia Ahmadi. (Mass, Julia) (Filed on 2/15/2008) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

RECAP
65

STIPULATION AND ORDER OF PARTIAL DISMISSAL. Signed by Judge Alsup on February 19, 2008. (whalc1, COURT STAFF) (Filed on 2/20/2008) (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

RECAP
66

MOTION to Amend/Correct for Leave to File Third Amended Complaint filed by Alia Ahmadi. Motion Hearing set for 4/17/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Exhibit Exhibit A - Proposed Third Amended Complaint)(Wang, Cecillia) (Filed on 3/13/2008) (Entered: 03/13/2008)

1 Exhibit Exhibit A - Proposed Third Amended Complaint

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March 13, 2008

March 13, 2008

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67

Declaration of Cecillia D. Wang in Support of 66 MOTION to Amend/Correct for Leave to File Third Amended Complaint filed byAlia Ahmadi. (Attachments: # 1 Exhibit Exhibit A - Zhang v. Still, First Amended Complaint, # 2 Exhibit Exhibit B - Zhang v. Still, Defendants' Motion to Dismiss)(Related document(s) 66 ) (Wang, Cecillia) (Filed on 3/13/2008) (Entered: 03/13/2008)

1 Exhibit Exhibit A - Zhang v. Still, First Amended Complaint

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2 Exhibit Exhibit B - Zhang v. Still, Defendants' Motion to Dismiss

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March 13, 2008

March 13, 2008

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68

Declaration of Sin Yen Ling in Support of 66 MOTION to Amend/Correct for Leave to File Third Amended Complaint filed byAlia Ahmadi. (Related document(s) 66 ) (Wang, Cecillia) (Filed on 3/13/2008) (Entered: 03/13/2008)

March 13, 2008

March 13, 2008

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69

Renotice motion hearing filed byAlia Ahmadi. Motion Hearing set for 4/24/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Wang, Cecillia) (Filed on 3/14/2008) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

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70

STIPULATION re 57 Order To Remove Mediation Conference Of March 26, 2008, From Calendar by Michael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Stevens, Elizabeth) (Filed on 3/21/2008) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

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71

STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 3/24/2008. (bzsec, COURT STAFF) (Filed on 3/24/2008) (Entered: 03/24/2008)

March 24, 2008

March 24, 2008

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72

Memorandum in Opposition re 66 MOTION to Amend/Correct for Leave to File Third Amended Complaint filed byMichael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Robins, Jeffrey) (Filed on 4/3/2008) (Entered: 04/03/2008)

April 3, 2008

April 3, 2008

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73

Memorandum in Opposition to Plaintiffs' Motion for Class Certification filed byMichael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Attachments: # 1 Exhibit A)(Robins, Jeffrey) (Filed on 4/3/2008) (Entered: 04/03/2008)

1 Exhibit A

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April 3, 2008

April 3, 2008

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74

Reply Memorandum re 66 MOTION to Amend/Correct for Leave to File Third Amended Complaint filed byAlia Ahmadi. (Wang, Cecillia) (Filed on 4/10/2008) (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

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75

Reply Memorandum in Support of Motion for Class Certification filed byAlia Ahmadi. (Wang, Cecillia) (Filed on 4/10/2008) (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

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78

Minute Entry: Motion Hearing held on 4/24/2008 before William Alsup (Date Filed: 4/24/2008) re 49 MOTION for Entry of Judgment under Rule 54(b) filed by Alia Ahmadi, 66 MOTION to Amend/Correct for Leave to File Third Amended Complaint filed by Alia Ahmadi, 19 MOTION to Certify Class filed by Alia Ahmadi. (Court Reporter Kathy Wyatt.) (dt, COURT STAFF) (Date Filed: 4/24/2008) (Entered: 04/25/2008)

April 24, 2008

April 24, 2008

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76

ORDER: (1) GRANTING PLAINTIFFS MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT; (2) DENYING PLAINTIFFS MOTION FOR CLASS CERTIFICATION; AND (3) GRANTING PLAINTIFFS MOTION FOR RULE 54(b) JUDGMENT by Judge William Alsup [granting 66 Motion to Amend/Correct ; Plaintiffs is required to E-FILE the amended document]. (whasec, COURT STAFF) (Filed on 4/25/2008) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

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77

RULE 54(b) JUDGMENT for defendants and against plaintiffs Alia Ahmadi, Igor Ovchinnikov and Sergei Sapozhnikov. Signed by Judge William Alsup on 4/25/2008. (whasec, COURT STAFF) (Filed on 4/25/2008) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

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79

AMENDED COMPLAINT THIRD AMENDED COMPLAINT against all defendants. Filed byAmir Sayed. (Wang, Cecillia) (Filed on 5/15/2008) (Entered: 05/15/2008)

May 15, 2008

May 15, 2008

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80

MOTION to Dismiss in part, Remand in Part, and Strike in Part, Plaintiffs' Third Amended Complaint, filed by Michael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. Motion Hearing set for 7/10/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Exhibit Declaration of Randall Ricks, # 2 Exhibit FBI-USCIS Business Plan)(Robins, Jeffrey) (Filed on 5/30/2008) (Entered: 05/30/2008)

1 Exhibit Declaration of Randall Ricks

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2 Exhibit FBI-USCIS Business Plan

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May 30, 2008

May 30, 2008

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81

ANSWER to Amended Complaint Third Amended Complaint byMichael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Robins, Jeffrey) (Filed on 5/30/2008) (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

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82

NOTICE OF APPEAL and REPRESENTATION STATEMENT as to 77 Judgment by Igor Ovchinnikov, Sergei Sapozhnikov, Alia Ahmadi. Filing fee $ 455. Receipt No. 34611020227. Appeal Record due by 7/14/2008. (sis, COURT STAFF) (Filed on 6/13/2008) Modified on 6/18/2008 (sis, COURT STAFF). Modified on 6/30/2008 (sis, COURT STAFF). Case No. 08-16443 (Entered: 06/18/2008)

June 13, 2008

June 13, 2008

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83

Copy of Notice of Appeal and Docket sheet mailed to all counsel (sis, COURT STAFF) (Filed on 6/18/2008) (Entered: 06/18/2008)

June 18, 2008

June 18, 2008

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84

STIPULATION to Continue Hearing on Motion to Dismiss by Amir Sayed. (Attachments: # 1 Declaration of Julia Harumi Mass ISO Stipulation to Continue Hearing)(Mass, Julia) (Filed on 6/19/2008) (Entered: 06/19/2008)

1 Declaration of Julia Harumi Mass ISO Stipulation to Continue Hearing

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June 19, 2008

June 19, 2008

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85

STIPULATION AND ORDER TO CONTINUE HEARING ON MOTION TO DISMISS. Signed by Judge Alsup on June 20, 2008. (whalc2, COURT STAFF) (Filed on 6/20/2008) (Entered: 06/20/2008)

June 20, 2008

June 20, 2008

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86

Transcript Designation & Ordering Form for Proceedings Held on 10/11/2007 - [C/R: Sahar McVickar] & 4/24/2008 - [C/R: Kathy Wyatt] before Judge Alsup Filed by Plaintiffs. (tn, COURT STAFF) (Filed on 6/23/2008) (Entered: 06/25/2008)

June 23, 2008

June 23, 2008

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92

USCA Case Number 08-16443 Ninth Circuit for 82 Notice of Appeal, filed by Igor Ovchinnikov, Alia Ahmadi, Sergei Sapozhnikov. (sis, COURT STAFF) (Filed on 6/25/2008) (Entered: 06/30/2008)

June 25, 2008

June 25, 2008

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87

MEMORANDUM in Opposition re 80 MOTION to Dismiss in part, Remand in Part, and Strike in Part, Plaintiffs' Third Amended Complaint, filed byAmir Sayed. (Related document(s) 80 ) (Wang, Cecillia) (Filed on 6/26/2008) (Entered: 06/26/2008)

June 26, 2008

June 26, 2008

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88

Declaration of Cecillia D. Wang in Support of 87 Memorandum in Opposition to Defendants' Motion to Dismiss in Part, to Remand in Part, and to Strike in Part filed byAmir Sayed. (Attachments: # 1 Exhibit A)(Related document(s) 87 ) (Wang, Cecillia) (Filed on 6/26/2008) Modified on 6/27/2008 (ewn, COURT STAFF). (Entered: 06/26/2008)

1 Exhibit A

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June 26, 2008

June 26, 2008

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89

Declaration of Julia Harumi in Support of 87 Memorandum in Opposition to Defendants' Motion to Dismiss in Part, to Remand in Part, and to Strike in Part filed byAmir Sayed. (Related document(s) 87 ) (Wang, Cecillia) (Filed on 6/26/2008) Modified on 6/27/2008 (ewn, COURT STAFF). (Entered: 06/26/2008)

June 26, 2008

June 26, 2008

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90

Declaration of Biren Shah in Support of 87 Memorandum in Opposition to Defendants' Motion to Dismiss in Part, to Remand in Part, and to Strike in Part filed byAmir Sayed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 87 ) (Wang, Cecillia) (Filed on 6/26/2008) (Entered: 06/26/2008)

1 Exhibit A

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2 Exhibit B

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June 26, 2008

June 26, 2008

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91

Proposed Order re 87 Memorandum in Opposition to Defendants' Motion to Dismiss in Part, to Remand in Part, and to Strike in Part by Amir Sayed. (Wang, Cecillia) (Filed on 6/26/2008) (Entered: 06/26/2008)

June 26, 2008

June 26, 2008

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93

TIME SCHEDULE ORDER of USCA as to 82 Notice of Appeal, filed by Igor Ovchinnikov, Alia Ahmadi, Sergei Sapozhnikov (sis, COURT STAFF) (Filed on 6/26/2008) (Entered: 07/02/2008)

June 26, 2008

June 26, 2008

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94

Reply to Opposition re 80 MOTION to Dismiss in part, Remand in Part, and Strike in Part, Plaintiffs' Third Amended Complaint, filed byMichael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Attachments: # 1 Exhibit Second Declaration of Randall Ricks, # 2 Exhibit Declaration of Ted Quizon)(Robins, Jeffrey) (Filed on 7/3/2008) (Entered: 07/03/2008)

1 Exhibit Second Declaration of Randall Ricks

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2 Exhibit Declaration of Ted Quizon

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July 3, 2008

July 3, 2008

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95

CLERK'S NOTICE Rescheduling Motion Hearing Time. Motion Hearing set for 7/17/2008 02:00 PM in Courtroom 9, 19th Floor, San Francisco. (dt, COURT STAFF) (Filed on 7/11/2008) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

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96

Minute Entry: Motion re: Dfts' Motion to Dismiss, to Remand, and Strike Hearing held on 7/17/2008 before William Alsup (Date Filed: 7/18/2008). The Court takes the matter under submission. (Court Reporter Katherine Wyatt.) (fj, COURT STAFF) (Date Filed: 7/18/2008) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

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97

ORDER: (1) GRANTING PLAINTIFF'S REQUEST FOR VOLUNTARY DISMISSAL; (2) GRANTING IN PART DEFENDANTS' MOTION TO REMAND; AND (3) GRANTING PLAINTIFF'S REQUEST TO DISMISS SECOND AND THIRD CLAIMS AS MOOT by Judge William Alsup [granting in part and denying in part 80 Motion to Dismiss]. (whasec, COURT STAFF) (Filed on 7/18/2008) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

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98

Transcript of Proceedings held on 4-24-08, before Judge William Alsup. Court Reporter/Transcriber Katherine Wyatt, Telephone number 415-487-9834. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 10/27/2008. (kpw, COURT STAFF) (Filed on 7/30/2008) (Entered: 07/30/2008)

July 30, 2008

July 30, 2008

PACER
99

STATUS REPORT by Michael Mukasey, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Attachments: # 1 Exhibit Declaration of Richard Valeika)(Robins, Jeffrey) (Filed on 7/30/2008) (Entered: 07/30/2008)

1 Exhibit Declaration of Richard Valeika

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July 30, 2008

July 30, 2008

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100

Transcript of Proceedings held on 10/11/07, before Judge William Alsup. Court Reporter/Transcriber Sahar McVickar, Telephone number (415) 626-6060. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 10/30/2008. (McVickar, Sahar) (Filed on 8/4/2008) (Entered: 08/04/2008)

Aug. 4, 2008

Aug. 4, 2008

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 2, 2007

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were individuals who had submitted naturalization applications to USCIS, and who met all statutory requirements for naturalization, but whose naturalization applications were not adjudicated within 120 days of the date of their initial exam. Class action was denied.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

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

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: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2008 - 2008

Issues

Immigration/Border:

Constitutional rights

U.S. citizenship - acquiring