Case: Amor v. U.S. Attorney General

1:04-cv-21685 | U.S. District Court for the Southern District of Florida

Filed Date: July 9, 2004

Closed Date: Sept. 15, 2004

Clearinghouse coding complete

Case Summary

This case was one of several class action lawsuits filed in federal courts throughout the country on behalf of lawful permanent residents to compel the government provide them with documentation of their permanent resident status in a timely manner.This case was filed by attorneys a group of individuals and the American Immigration Lawyers Association, South Florida Chapter, Inc. in the U.S. District Court for the Southern District of Florida. The other cases included Santillan v. Ashcroft, ca…

This case was one of several class action lawsuits filed in federal courts throughout the country on behalf of lawful permanent residents to compel the government provide them with documentation of their permanent resident status in a timely manner.

This case was filed by attorneys a group of individuals and the American Immigration Lawyers Association, South Florida Chapter, Inc. in the U.S. District Court for the Southern District of Florida. The other cases included Santillan v. Ashcroft, case no. 3:04-cv-02686-MHP (N..D. Cal.) [IM-CA-3] and Padilla v. Ridge, case no. 7:03-cv-00126 (S.D. Tex.) [IM-TX-].

In the Amor case the District Court (Paul C. Huck) denied plaintiffs' request for a TRO and preliminary injunction. On September 15, 2004, the Court approved a joint stipulation of the parties and dismissed the case with prejudice as to 26 plaintiffs who had received their requested immigration documents and without prejudice for eight individual plaintiffs, who had not appeared at scheduled appointments to receive their documents.

Litigation in the Santillan and Padilla cases proceeded. See those case entries in our collection for the procedural history of each case.

Summary Authors

Dan Dalton (11/12/2007)

Related Cases

Padilla v. Ridge, Southern District of Texas (2003)

Santillan v. Mukasey, Northern District of California (2004)

People


Judge(s)

Huck, Paul Courtney Jr. (Florida)

Attorneys(s) for Plaintiff

Kahn, Owen Ellison (Florida)

Osberg-Braun, Linda Marguerite (Florida)

Attorneys(s) for Defendant

Jimenez, Marcos Daniel (Florida)

Lee, Dexter (Florida)

Judge(s)

Huck, Paul Courtney Jr. (Florida)

Attorneys(s) for Plaintiff

Kahn, Owen Ellison (Florida)

Osberg-Braun, Linda Marguerite (Florida)

Attorneys(s) for Defendant

Jimenez, Marcos Daniel (Florida)

Lee, Dexter (Florida)

Documents in the Clearinghouse

Document

1:04-cv-21685

Docket (PACER)

Sept. 16, 2004

Sept. 16, 2004

Docket
22

1:04-cv-21685

Order of Plaintiffs' Emergency Motion for Temporary Restraining Order and/or Preliminary and Permanent Injunction

July 26, 2004

July 26, 2004

Order/Opinion
34

1:04-cv-21685

Stipulation of Dismissal

Sept. 14, 2004

Sept. 14, 2004

Pleading / Motion / Brief

Resources

Docket

Last updated Aug. 15, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
2

EMERGENCY MOTION by All Plaintiffs for temporary restraining order , and/or for preliminary and permanent injunction (nt, Deputy Clerk) (Entered: 07/12/2004)

July 9, 2004

July 9, 2004

3

SUMMONS(ES) issued for Director of Citizen (nt, Deputy Clerk) (Entered: 07/12/2004)

July 9, 2004

July 9, 2004

4

SUMMONS(ES) issued for US Attorney General, Sec Dept Homeland, Director of Citizen, Director Miami Dist, U.S. Dept Homeland, U.S. - Dept Justice by serving the US Attorney (nt, Deputy Clerk) (Entered: 07/12/2004)

July 9, 2004

July 9, 2004

5

SUMMONS(ES) issued for Director Miami Dist (nt, Deputy Clerk) (Entered: 07/12/2004)

July 9, 2004

July 9, 2004

6

SUMMONS(ES) issued for US Attorney General (nt, Deputy Clerk) (Entered: 07/12/2004)

July 9, 2004

July 9, 2004

7

SUMMONS(ES) issued for U.S. Dept Homeland (nt, Deputy Clerk) (Entered: 07/12/2004)

July 9, 2004

July 9, 2004

8

SUMMONS(ES) issued for Director of Citizen, Director Miami Dist (nt, Deputy Clerk) (Entered: 07/12/2004)

July 9, 2004

July 9, 2004

9

NOTICE of Filing Return of Summons by All Plaintiffs (nt, Deputy Clerk) (Entered: 07/16/2004)

July 15, 2004

July 15, 2004

10

RETURN OF SERVICE executed for US Attorney General on 7/15/04 Answer due on 8/4/04 for US Attorney General (nt, Deputy Clerk) (Entered: 07/16/2004)

July 15, 2004

July 15, 2004

11

RETURN OF SERVICE executed for Sec Dept Homeland, Director of Citizen, Director Miami Dist, U.S. Dept Homeland, U.S. - Dept Justice on 7/15/04 Answer due on 8/4/04 for U.S. - Dept Justice, for U.S. Dept Homeland, for Director Miami Dist, for Director of Citizen, for Sec Dept Homeland (nt, Deputy Clerk) (Entered: 07/16/2004)

July 15, 2004

July 15, 2004

12

RETURN OF SERVICE executed for U.S. Dept Homeland on 7/15/04 Answer due on 8/4/04 for U.S. Dept Homeland (nt, Deputy Clerk) (Entered: 07/16/2004)

July 15, 2004

July 15, 2004

13

RETURN OF SERVICE executed for Director of Citizen on 7/15/04 Answer due on 8/4/04 for Director of Citizen (nt, Deputy Clerk) (Entered: 07/16/2004)

July 15, 2004

July 15, 2004

14

RETURN OF SERVICE executed for Director Miami Dist on 7/15/04 Answer due on 8/4/04 for Director Miami Dist (nt, Deputy Clerk) (Entered: 07/16/2004)

July 15, 2004

July 15, 2004

15

RETURN OF SERVICE executed for US Attorney General on 7/14/04 Answer due on 8/3/04 for US Attorney General (nt, Deputy Clerk) (Entered: 07/16/2004)

July 15, 2004

July 15, 2004

16

RETURN OF SERVICE executed for Director of Citizen on 7/15/04 Answer due on 8/4/04 for Director of Citizen (nt, Deputy Clerk) (Entered: 07/16/2004)

July 15, 2004

July 15, 2004

17

RESPONSE by US Attorney General, Sec Dept Homeland, Director of Citizen, Director Miami Dist, U.S. Dept Homeland, U.S. - Dept Justice to [2-1] motion for temporary restraining order, [2-2] motion for preliminary and permanent injunction (nt, Deputy Clerk) (Entered: 07/19/2004)

July 16, 2004

July 16, 2004

18

ORDER Setting Status Conference Motion hearing before Judge Paul C. Huck set for 11:00 7/23/04 for [2-1] motion for temporary restraining order, set for 11:00 7/23/04 for [2-2] motion for preliminary and permanent injunction ( Signed by Judge Paul C. Huck on 07/19/04) [EOD Date: 7/20/04] (nt, Deputy Clerk) (Entered: 07/20/2004)

July 19, 2004

July 19, 2004

19

NOTICE of Status Conference: Motion hearing before Judge Paul C. Huck set for 2:15 7/22/04 for [2-1] motion for temporary restraining order, set for 2:15 7/22/04 for [2-2] motion for preliminary and permanent injunction (nt, Deputy Clerk) (Entered: 07/20/2004)

July 19, 2004

July 19, 2004

20

REPLY by All Plaintiffs to response to [2-1] motion for temporary restraining order, [2-2] motion for preliminary and permanent injunction (nt, Deputy Clerk) (Entered: 07/26/2004)

July 23, 2004

July 23, 2004

21

Minutes of Status Conference held before Judge Paul C. Huck on 07/23/04; Court Reporter Name or Tape #: Patricia Sanders (nt, Deputy Clerk) (Entered: 07/26/2004)

July 23, 2004

July 23, 2004

Status conference held before Judge Paul C. Huck (nt, Deputy Clerk) (Entered: 07/26/2004)

July 23, 2004

July 23, 2004

22

ORDER denying [2-1] motion for temporary restraining order, denying [2-2] motion for preliminary and permanent injunction ( Signed by Judge Paul C. Huck on 07/23/04) [EOD Date: 7/26/04] (nt, Deputy Clerk) (Entered: 07/26/2004)

July 23, 2004

July 23, 2004

23

NOTICE of Unavailability by Maritza Lopez Amor, Aimee Cruz, Luis Jesus Melendez-Linares, Amelda Beatriz Paque-Cruz, Leticia Melendez-Linares, Hugo Fernando Vidarte Benites, Marcela Janne Basante, Roberto Quiroz, Zayda Lizzeth Dubon-Diaz, Carolina Rincon Mendoza, Yamile Garcia, Antonio Diaz Castillo, Ever Cardona, Mario Gomez-Dalmau, Rene Fernandez, Jose Mata, Maria Mata, Ghana Bahlawan, Luei Yagoub, Yvrose Adelson, Eliezer Abohazira, Rosaliee Prevalus, Rafaela Rodriguez, Carmen Morales, Heikal Sedouki, Nayma Yaech-Jimenez, Andy Vidal-Yaech, Jose Suarez Triguero, Michelle Reid, Juan G. Munera, Amparo Cardona Munera, Juan Carlos Munera Cardona, Carol Ann Spencer Monroe, American Immigration for dates of: 08/04/04 - 08/16/04 (nt, Deputy Clerk) (Entered: 07/26/2004)

July 23, 2004

July 23, 2004

24

NOTICE to Court Regarding Status of Cases by US Attorney General, Sec Dept Homeland, Director of Citizen, Director Miami Dist, U.S. Dept Homeland, U.S. - Dept Justice (nt, Deputy Clerk) (Entered: 08/12/2004)

Aug. 11, 2004

Aug. 11, 2004

25

NOTICE of Telephonic Status Conference: setting status conference for 9:30 8/18/04 before Judge Paul C. Huck (nt, Deputy Clerk) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

26

SECOND NOTICE to Court Re: Status of Plaintiffs' Cases by US Attorney General, Sec Dept Homeland, Director of Citizen, Director of Citizen, U.S. Dept Homeland, U.S. - Dept Justice (nt, Deputy Clerk) (Entered: 08/18/2004)

Aug. 17, 2004

Aug. 17, 2004

Status conference held before Judge Paul C. Huck (nt, Deputy Clerk) (Entered: 08/19/2004)

Aug. 18, 2004

Aug. 18, 2004

28

THIRD NOTICE to Court Regarding Status of Plaintiffs' Cases by US Attorney General, Sec Dept Homeland, Director of Citizen, Director of Citizen, U.S. Dept Homeland, U.S. - Dept Justice (nt, Deputy Clerk) (Entered: 08/26/2004)

Aug. 25, 2004

Aug. 25, 2004

29

NOTICE to Court Regarding Disposition of Case by US Attorney General, Sec Dept Homeland, Director of Citizen, Director of Citizen, U.S. Dept Homeland, U.S. - Dept Justice (nt, Deputy Clerk) (Entered: 08/31/2004)

Aug. 30, 2004

Aug. 30, 2004

30

NOTICE of Hearing: set telephonic status conference for 10:00 9/10/04 before Judge Paul C. Huck (sk, Deputy Clerk) (Entered: 09/02/2004)

Sept. 1, 2004

Sept. 1, 2004

31

RE-NOTICE of Telephonic Status Conference: setting status conference for 10:20 9/10/04 before Judge Paul C. Huck (nt, Deputy Clerk) (Entered: 09/09/2004)

Sept. 8, 2004

Sept. 8, 2004

32

FOURTH NOTICE to Court Re: Status of Cases by US Attorney General, Sec Dept Homeland, Director of Citizen, Director of Citizen, U.S. Dept Homeland, U.S. - Dept Justice (nt, Deputy Clerk) (Entered: 09/09/2004)

Sept. 8, 2004

Sept. 8, 2004

33

Minutes of Telephonic Status Conference held before Judge Paul C. Huck on 09/10/04; Court Reporter Name or Tape #: Patricia Sanders (nt, Deputy Clerk) (Entered: 09/15/2004)

Sept. 10, 2004

Sept. 10, 2004

Status conference held before Judge Paul C. Huck (nt, Deputy Clerk) (Entered: 09/15/2004)

Sept. 10, 2004

Sept. 10, 2004

34

STIPULATION of dismissal by All Plaintiffs (nt, Deputy Clerk) (Entered: 09/15/2004)

Sept. 14, 2004

Sept. 14, 2004

35

ORDER of Dismissal granting [34-1] dismiss/dismissal stipulation. This case is CLOSED. All pending motions are DENIED AS MOOT. Each party to bear its own attorney's fees and costs. ( Signed by Judge Paul C. Huck on 09/15/04) [EOD Date: 9/17/04] (nt, Deputy Clerk) (Entered: 09/17/2004)

Sept. 16, 2004

Sept. 16, 2004

CASE CLOSED. Case and Motions no longer referred to Magistrate. (nt, Deputy Clerk) (Entered: 09/17/2004)

Sept. 16, 2004

Sept. 16, 2004

Case Details

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 9, 2004

Closing Date: Sept. 15, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who have or will be granted lawful permanent resident status by the DOJ's Executive Office of Immigration Review and to whom the U.S. Citizenship and Immigration Services has failed to issue evidence of status as a lawful permanent resident

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Department of Homeland Security (DHS), Federal

U.S. Attorney General's Office, Federal

United States Citizenship and Immigration Services, 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

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Constitutional rights

Status/Classification

U.S. citizenship - acquiring