Case: Alsamman v. Gonzales

1:06-cv-02518 | U.S. District Court for the Northern District of Illinois

Filed Date: May 4, 2006

Clearinghouse coding complete

Case Summary

On May 4, 2006, nine Muslim males, who applied to be naturalized as United States citizens, passed all their interviews and related tests, and had been waiting for more than 120 days - some as long as 2 years - to be scheduled for their oath ceremonies, and the advocacy group Arab American Action Network brought suit in the United States District Court for the Northern District of Illinois against various federal immigration agencies. Plaintiffs, who were represented by attorneys with the Coun…

On May 4, 2006, nine Muslim males, who applied to be naturalized as United States citizens, passed all their interviews and related tests, and had been waiting for more than 120 days - some as long as 2 years - to be scheduled for their oath ceremonies, and the advocacy group Arab American Action Network brought suit in the United States District Court for the Northern District of Illinois against various federal immigration agencies. Plaintiffs, who were represented by attorneys with the Council on American-Islamic Relations, the Midwest Immigrant & Human Rights Center, and the Competition Law Group, LLC alleged that that the naturalization process for Muslim males (or males from countries with a significant Muslim population) took significantly longer to complete than other naturalization applicants. Individual plaintiffs alleged gender discrimination and violations of the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb-l(a). They sought a judicial determination of naturalization applications pursuant to 8 U.S.C. 1447(b), as well as other declaratory and injunctive relief. The Arab American Action Network sought relief under the Freedom of Information Act.

The Government moved to dismiss the case. While that motion was pending, the Government produced approximately 3.4 million immigration records to plaintiffs. After analyzing that information, plaintiffs filed a Second Amended Complaint on January 26, 2007, substituting several new plaintiffs for some of the original plaintiffs whose naturalization applications had been finally adjudicated. The Government renewed its motion to dismiss. A Third Amended Complaint was filed on September 19, 2007 adding new plaintiffs.

On September 20, 2007, the District Court (Judge John F. Grady) granted the government's motion to dismiss in part and denied it in part. The Court dismissed the claims of the individual plaintiffs and remanded them back to the U.S. Bureau of Citizenship and Immigration Services. The Court granted the plaintiffs until November 12, 2007 to file an amended complaint as to the class action allegations. Antonishin v. Keisler, 2007 WL 2788841 (N.D. Ill. Sept. 20, 2007). Plaintiffs filed a fourth amended complaint which asserted class claims that the government's unreasonable delays in processing naturalization applications violated the Administrative Procedure Act and the Equal Protection Clause of the Fifth Amendment. The complaint sought certification of a class consisting of:

All persons who are or will be lawful permanent residents applying for naturalization to become U.S. citizens, whose applications are pending in Illinois, Indiana, or Wisconsin, and whose naturalization applications are not adjudicated within 120 days after the date of their initial examination.

Defendants moved for dismissal of the fourth amended complaint (now known as Yan Bashkin et al. v. Keisler et al.). Plaintiffs moved for vacatur of the opinion and order of September 20, 2007, which had dismissed most of their claims. On June 13, 2008, the court (Judge Grady) considered these motions together and denied them in part as moot. With regard to the plaintiffs whose applications had been processed, the court dismissed their claims. The court did not dismiss the claims of plaintiff Ismail Suleiman, whose naturalization application was denied. Instead the court vacated its earlier dismissal-in-part, which meant that Suleiman could continue his case on all claims. But there is no evidence that he did so.

Summary Authors

Dan Dalton (11/20/2007)

Nadji Allan (10/2/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5448179/parties/alsamman-v-gonzales/


Judge(s)

Grady, John Francis (Illinois)

Attorneys(s) for Plaintiff

Berten, David Powers (Illinois)

Musabji, Heena A. (Illinois)

Roth, Charles G. (Illinois)

Attorneys(s) for Defendant

Brock, Gina Elizabeth (Illinois)

Davis, Daniel J. (District of Columbia)

McNulty, Sheila (Illinois)

Stevens, Elizabeth Jones (District of Columbia)

Judge(s)

Grady, John Francis (Illinois)

Attorneys(s) for Plaintiff

Berten, David Powers (Illinois)

Musabji, Heena A. (Illinois)

Roth, Charles G. (Illinois)

Attorneys(s) for Defendant

Brock, Gina Elizabeth (Illinois)

Davis, Daniel J. (District of Columbia)

McNulty, Sheila (Illinois)

Stevens, Elizabeth Jones (District of Columbia)

Documents in the Clearinghouse

Document

Docket (PACER)

June 13, 2008 Docket
1

Complaint for Naturalization and Other Relief

May 4, 2006 Complaint
73

Memorandum Opinion

Antonishin v. Keisler

627 F.Supp.2d 872, 2007 WL 2788841

Sept. 20, 2007 Order/Opinion
78

Fourth Amended Complaint for Naturalization and Other Relief

Nov. 13, 2007 Complaint
92

Memorandum Opinion

Yan Bashkin v. Keisler

2008 WL 4866352

June 13, 2008 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5448179/alsamman-v-gonzales/

Last updated May 20, 2022, 1:33 a.m.

ECF Number Description Date Link
73

MEMORANDUM Opinion and Order Signed by Judge John F. Grady on 9/20/2007.(vcf, )

Sept. 20, 2007 RECAP
1

COMPLAINT filed by Ahmad Assaf, Hassan Belghali, Hassan Damra, Farah Mohammed, Jamal Hasan, Mohamed Alsamman, Ahmad Shaker Khaddash, Basemand Sharaf, Tariq Saeed, Arab American Action Network, Mohammed Alwatik; Jury Demand.(vmj, ) (Entered: 05/05/2006)

May 4, 2006
92

MEMORANDUM Opinion signed by the Honorable John F. Grady on 6/13/2008.(kj, )

June 13, 2008 RECAP
2

CIVIL Cover Sheet (vmj, ) (Entered: 05/05/2006)

May 4, 2006
3

ATTORNEY Appearance for Plaintiffs Ahmad Assaf, Hassan Belghali, Hassan Damra, Farah Mohammed, Jamal Hasan, Mohamed Alsamman, Ahmad Shaker Khaddash, Basemand Sharaf, Tariq Saeed, Arab American Action Network, Mohammed Alwatik by David Powers Berten (vmj, ) (Entered: 05/05/2006)

May 4, 2006
4

ATTORNEY Appearance for Plaintiffs Ahmad Assaf, Hassan Belghali, Hassan Damra, Farah Mohammed, Jamal Hasan, Mohamed Alsamman, Ahmad Shaker Khaddash, Basemand Sharaf, Tariq Saeed, Arab American Action Network, Mohammed Alwatik by Charles Roth (vmj, ) (Entered: 05/05/2006)

May 4, 2006
5

ATTORNEY Appearance for Plaintiffs Ahmad Assaf, Hassan Belghali, Hassan Damra, Farah Mohammed, Jamal Hasan, Mohamed Alsamman, Ahmad Shaker Khaddash, Basemand Sharaf, Tariq Saeed, Arab American Action Network,

May 4, 2006
8

SUMMONS Issued as to Defendant Gerry Heinauer. (air, ) (Entered: 05/10/2006)

May 9, 2006
9

MOTION by Defendant Alberto R Gonzales for extension of time to file answer regarding complaint 1 (McNulty, Sheila) (Entered: 06/08/2006)

June 8, 2006
10

NOTICE of Motion by Sheila McNulty for presentment of motion for extension of time to file answer, motion for relief 9 before Honorable Paul E. Plunkett on 6/13/2006 at 10:15 AM. (McNulty, Sheila) (Entered: 06/08/2006)

June 8, 2006
11

MINUTE entry before Judge Paul E. Plunkett : Defendants' unopposed motion to extend deadline to 7/18/2006 to file an answer or responsive motion 9 is advanced and is granted. Status hearing set for 7/25/2006 at 11:00 AM. (clw, ) (Entered: 06/09/2006)

June 9, 2006
13

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Alberto R Gonzales, Michael Chertoff, Gerry Heinauer, Robert S Mueller, III by Elizabeth J. Stevens; Order entered. (mb, ) (Entered: 06/27/2006)

June 20, 2006
14

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Alberto R Gonzales, Michael Chertoff, Gerry Heinauer, Robert S Mueller, III by Daniel J. Davis; Order entered. (mb, ) (Entered: 06/27/2006)

June 20, 2006
12

AMENDED complaint by Ahmad Assaf, Hassan Belghali, Hassan Damra, Farah Mohammed, Mohamed Alsamman, Ahmad Shaker Khaddash, Basemand Sharaf, Tariq Saeed, Arab American Action Network, Mohammed Alwatik against all defendants (Berten, David) (Entered: 06/23/2006)

June 23, 2006
15

SUMMONS Returned Executed by Plaintiffs as to Michael Chertoff served on 5/12/2006, answer due 7/11/2006 (mb, ) (Entered: 06/29/2006)

June 28, 2006
16

SUMMONS Returned Executed by Plaintiffs as to Alberto R Gonzales served on 5/12/2006, answer due 7/11/2006 (mb, ) (Entered: 06/29/2006)

June 28, 2006
17

SUMMONS Returned Executed by Plaintiffs as to United States Attorney c/o Sheila McNulty served on 5/12/2006, answer due 7/11/2006 (mb, ) (Entered: 06/29/2006)

June 28, 2006
18

SUMMONS Returned Executed by Plaintiffs as to Gerry Heinauer served on 5/12/2006, answer due 7/11/2006 (mb, ) (Entered: 06/29/2006)

June 28, 2006
19

SUMMONS Returned Executed by Plaintiffs as to Robert S Mueller, III served on 5/12/2006, answer due 7/11/2006 (mb, ) (Entered: 06/29/2006)

June 28, 2006
20

MOTION by Defendant Michael Chertoff for leave to file excess pages Defendant's Unopposed Motion to File in Excess of Fifteen Pages (McNulty, Sheila) (Entered: 07/07/2006)

July 7, 2006
21

NOTICE of Motion by Sheila McNulty for presentment of motion for leave to file excess pages 20 before Honorable Paul E. Plunkett on 7/11/2006 at 10:15 AM. (McNulty, Sheila) (Entered: 07/07/2006)

July 7, 2006
22

MINUTE entry before Judge Paul E. Plunkett :Defendants' unopposed motion for leave to file brief in support of motion to dismiss in excess of 15 pages not to exceed 25 pages 20 is granted; plaintiffs are also given leave to file a response brief not to exceed 25 pages. (clw, ) (Entered: 07/11/2006)

July 11, 2006
23

MINUTE entry before Judge Paul E. Plunkett : Status hearing set for 7/25/2006 is stricken since this case has been reassigned to Judge Grady. (clw, ) (Entered: 07/14/2006)

July 14, 2006
24

EXECUTIVE COMMITTEE ORDER: Case reassigned to Judge John F. Grady for all further proceedings. Signed by Executive Committee on 7/14/06. (mb, ) (Entered: 07/18/2006)

July 14, 2006
26

MEMORANDUM by Alberto R Gonzales, Michael Chertoff, Gerry Heinauer, Robert S Mueller, III in Support of motion to dismiss 25 Plaintiffs'/Petitioners' Complaint for Naturalization and Other Relief (Attachments: # 1 Exhibit Dorochoff Declaration# 2 Exhibit Cannon Declaration# 3 Exhibit Collett Declaration# 4 Exhibit Ortiz Declaration)(Stevens, Elizabeth) (Entered: 07/18/2006)

July 18, 2006
27

NOTICE of Motion by Sheila McNulty for presentment of motion to dismiss 25 before Honorable John F. Grady on 9/6/2006 at 10:30 AM. (McNulty, Sheila) (Entered: 07/18/2006)

July 18, 2006
28

Defendants'/Respondents' Partial ANSWER to amended complaint for Naturalization and Other Relief by Alberto R Gonzales, Michael Chertoff, Gerry Heinauer, Robert S Mueller, III(Stevens, Elizabeth) (Entered: 07/18/2006)

July 18, 2006
29

DESIGNATION of Sheila McNulty as U.S. Attorney for Defendant Michael Chertoff (McNulty, Sheila) (Entered: 08/17/2006)

Aug. 17, 2006
30

RESPONSE Plaintiff's Opposition to Defendants' Motion to Dismiss (Attachments: # 1 # 2)(Berten, David) (Entered: 08/18/2006)

Aug. 18, 2006
31

DECLARATION of David Berten regarding response in opposition to motion 30 by Ahmad Assaf, Hassan Belghali, Hassan Damra, Farah Mohammed, Jamal Hasan, Mohamed Alsamman, Ahmad Shaker Khaddash, Basemand Sharaf, Tariq Saeed, Arab American Action Network, Mohammed Alwatik Rule 56(f) Declaration Opposing Entry of Summary Judgment (Berten, David) (Entered: 08/18/2006)

Aug. 18, 2006
32

REPLY by Alberto R Gonzales, Michael Chertoff, Gerry Heinauer, Robert S Mueller, IIIin Support of MOTION by Defendants Alberto R Gonzales, Michael Chertoff, Gerry Heinauer, Robert S Mueller, III to dismiss Plaintiffs'/Petitioners' Complaint for Naturalization and Other Relief 25 (Attachments: # 1 Appendix Appendix 1# 2 Appendix Appendix 2)(Stevens, Elizabeth) (Entered: 09/01/2006)

Sept. 1, 2006
33

MINUTE entry before Judge John F. Grady : Status hearing held on 9/6/2006. Status hearing set for 9/20/2006 at 10:30 AM. As stated in open court, parties are directed to confer and discuss what period of time wil be involed to complete the investigation. All fully briefed motions are taken under advisement. Mailed notice (jlj, ) (Entered: 09/07/2006)

Sept. 6, 2006
34

MINUTE entry before Judge John F. Grady : Status hearing held on 9/20/2006. Status hearing set for 10/11/2006 at 10:30 AM. Mailed notice (jlj, ) (Entered: 09/20/2006)

Sept. 20, 2006
36

MINUTE entry before Judge John F. Grady : Plaintiff's unopposed motion to dismiss named plaintiffs Hassan Damra and Mohammed Farah is granted. These parties are hereby voluntarily dismissed. Status hearing held and continued to 12/13/2006 at 10:30 AM. Mailed notice (mb, ) (Entered: 10/12/2006)

Oct. 11, 2006
37

MOTION by Plaintiffs to dismiss named plaintiffs. (mb, ) (Entered: 10/16/2006)

Oct. 11, 2006
35

MOTION by Plaintiffs Ahmad Assaf, Hassan Belghali, Hassan Damra, Farah Mohammed, Jamal Hasan, Mohamed Alsamman, Ahmad Shaker Khaddash, Basemand Sharaf, Tariq Saeed, Arab American Action Network, Mohammed Alwatik to dismiss Named Plaintiff's Hassan Damra and Mohammed Farah (Berten, David) (Entered: 10/12/2006)

Oct. 12, 2006
38

ALIAS Summons Issued as to Michael Chertoff, Robert S Mueller, III. (mb, ) (Entered: 10/23/2006)

Oct. 20, 2006
39

MINUTE entry before Judge John F. Grady : Motion to dismiss 25 is denied without prejudice. Oral motion by plaintiff to file an amended complaint is granted. Amended complaint to be filed on or before 1/12/07. Motion to dismiss 37 is granted. Hassan Damra and Mohammed Farah are dismissed as plaintiffs to this action. Status hearing held on 12/13/2006. Status hearing set for 1/31/2007 at 10:30

Dec. 13, 2006
41

UNOPPOSED Order Dismissing Named Plaintiffs Hassan Belghali, Ahmad Shaker Khaddash, Basem Sharaf, and Ahmad Assaf Signed by Judge John F. Grady on 1/3/2007(mb, ) (Entered: 01/05/2007)

Jan. 3, 2007
42

MOTION by Plaintiffs Mohamed Alsamman, Tariq Saeed, Arab American Action Network, Mohammed Alwatik for extension of time to amend (Joint Motion) (Roth, Charles) (Entered: 01/10/2007)

Jan. 10, 2007
43

NOTICE of Motion by Charles Roth for presentment of motion for extension of time to amend 42 before Honorable John F. Grady on 1/17/2007 at 10:30 AM. (Roth, Charles) (Entered: 01/10/2007)

Jan. 10, 2007
44

MINUTE entry before Judge John F. Grady :Motion for extension of time to Amend 42 is entered and continued.In Court hearing set for 1/17/2007 at 12:30 PM. Hearing set for 10:30am stricken and reset to 12:30 pm., due to the schedule of this court.Mailed notice (jlj, ) (Entered: 01/11/2007)

Jan. 11, 2007
45

MINUTE entry before Judge John F. Grady :Motion for extension of time to Amend 42 is granted. Status hearing set for 2/28/2007 at 10:30 AM. Status hearing set for 1/31/07 stricken. Hearing set for 01/17/07 stricken.Mailed notice (jlj, ) (Entered: 01/12/2007)

Jan. 12, 2007
46

Second AMENDED complaint by Ahsan Raza, Shabbir Ahmed, Siham El−Hamdaoui, Mohamad Zaidan, Zia Rehman, Tariq Saeed, Mohammed Alwatik against all defendants and terminating Jamal Hasan; Gerry Heinauer; Mohamed Alsamman and Arab American Action Network (Musabji, Heena) (Entered: 01/26/2007)

Jan. 26, 2007
47

WITHDRAWING Sheila McNulty as counsel for Defendants Department of Homeland Security, United States Citizenship and Immigration Services, Federal Bureau of Investigation, Ruth Dorochoff, Department of Homeland Security, Ruth Dorochoff, Federal Bureau of Investigation, United States Citizenship and Immigration Services, Alberto R Gonzales, Michael Chertoff, Gerry Heinauer, Robert S Mueller, III and substituting Gina Elizabeth Brock as counsel of record (Brock, Gina) (Entered: 02/05/2007)

Feb. 5, 2007
48

MOTION by Defendants Department of Homeland Security, United States Citizenship and Immigration Services, Federal Bureau of Investigation, Ruth Dorochoff, Alberto R Gonzales, Michael Chertoff, Robert S Mueller, III for extension of time, MOTION by Defendants Department of Homeland Security, United States Citizenship and Immigration Services, Federal Bureau of Investigation, Ruth Dorochoff, Alberto R Gonzales, Michael Chertoff, Robert S Mueller, III for leave to file excess pages (Stevens, Elizabeth) (Entered: 02/14/2007)

Feb. 14, 2007
49

NOTICE of Motion by Elizabeth J. Stevens for presentment of extension of time, motion for leave to file excess pages,,,, 48 before Honorable John F. Grady on 2/22/2007 at 10:30 AM. (Stevens, Elizabeth) (Entered: 02/14/2007)

Feb. 14, 2007
50

MOTION by Defendants Department of Homeland Security, United States Citizenship and Immigration Services, Federal Bureau of Investigation, Ruth Dorochoff, Alberto R Gonzales, Michael Chertoff, Robert S Mueller, III to dismiss under Fed. R. Civ. P. 12 (Attachments: # 1 Memorandum in Support# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Attachments# 7 Notice of Filing)(Stevens, Elizabeth) (Entered: 02/20/2007)

Feb. 20, 2007
51

MINUTE entry before Judge John F. Grady :Motion for extension of time 48 is granted. Motion for leave to file excess pages 48 is granted. Status hearing held on 2/28/2007. Motion hearing held on 2/28/2007 regarding motion to dismiss, 50 . Response to motion to dismiss due by 03/23/07; reply due by 04/13/07. Mailed notice (jlj, ) (Entered: 03/01/2007)

Feb. 28, 2007
53

MOTION by Plaintiffs Ahsan Raza, Shabbir Ahmed, Siham El−Hamdaoui, Mohamad Zaidan, Zia Rehman, Tariq Saeed, Mohammed Alwatik for leave to file excess pages Unopposed (Berten, David) (Entered: 03/23/2007)

March 23, 2007
54

NOTICE of Motion by David Powers Berten for presentment of motion for leave to file excess pages 53 before Honorable John F. Grady on 3/28/2007 at 10:30 AM. (Berten, David) (Entered: 03/23/2007)

March 23, 2007
55

RESPONSE by Ahsan Raza, Shabbir Ahmed, Siham El−Hamdaoui, Mohamad Zaidan, Zia Rehman, Tariq Saeed, Mohammed Alwatikin Opposition to MOTION by Defendants Department of Homeland Security, United States Citizenship and Immigration Services, Federal Bureau of Investigation, Ruth Dorochoff, Alberto R Gonzales, Michael Chertoff, Robert S Mueller, III to dismiss under Fed. R. Civ. P. 12 50 (Attachments: # 1 Exhibit A to Plaintiff's Opposition to Defendants' Motion to Dismiss# 2 Appendix Appendix I of 1447(b) Case Regarding Plaintiff's Opposition to Defendants' Motion to Dismiss# 3 Appendix Appendix II of 1447(b) Case Regarding Plaintiff's Opposition to Defendants' Motion to Dismiss# 4 Appendix Appendix III of 1447(b) Case Regarding Plaintiff's Opposition to Defendants' Motion to Dismiss)(Berten, David) (Entered: 03/23/2007)

March 23, 2007
56

STATEMENT by Plaintiffs Ahsan Raza, Shabbir Ahmed, Siham El−Hamdaoui, Mohamad Zaidan, Zia Rehman, Tariq Saeed, Mohammed Alwatikin Support of MOTION by Defendants Department of Homeland Security, United States Citizenship and Immigration Services, Federal Bureau of Investigation, Ruth Dorochoff, Alberto R Gonzales, Michael Chertoff, Robert S Mueller, III to dismiss under Fed. R. Civ. P. 12 50 (Berten, David) (Entered: 03/23/2007)

March 23, 2007
57

MINUTE entry before Judge John F. Grady :Motion for leave to file excess pages 53 is granted. Hearing set for 03/28/07 stricken. Mailed notice (jlj, ) (Entered: 03/27/2007)

March 27, 2007
58

Plaintiffs' Notice of Additional Authority by Ahsan Raza, Shabbir Ahmed, Mohamad Zaidan, Zia Rehman, Mohammed Alwatik (Attachments: # 1 Exhibit Kaplan Decision)(Roth, Charles) (Entered: 04/04/2007)

April 4, 2007
59

REPLY by Defendants Department of Homeland Security, United States Citizenship and Immigration Services, Federal Bureau of Investigation, Ruth Dorochoff, Department of Homeland Security, Ruth Dorochoff, Federal Bureau of Investigation, United States Citizenship and Immigration Services, Alberto R Gonzales, Michael Chertoff, Robert S Mueller, III to motion to dismiss, 50 , response in opposition to motion,,, 55 Defendants/Respondents' Reply In Support Of The Motion To Dismiss Unider Fed. R. Civ. P. 12 (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C# 4 Appendix D)(Stevens, Elizabeth) (Entered: 04/13/2007)

April 13, 2007
60

ATTORNEY Appearance for Defendants Department of Homeland Security, United States Citizenship and Immigration Services, Federal Bureau of Investigation, Ruth Dorochoff, Department of Homeland Security, Ruth Dorochoff, Federal Bureau of Investigation, United States Citizenship and Immigration Services, Alberto R Gonzales, Michael Chertoff, Robert S Mueller, III by Elizabeth J. Stevens for Sheri R. Glaser (Stevens, Elizabeth) (Entered: 04/23/2007)

April 23, 2007
61

Notice of Supplemental Legal Authority by Department of Homeland Security, United States Citizenship and Immigration Services, Federal Bureau of Investigation, Ruth Dorochoff, Alberto R Gonzales, Michael Chertoff, Gerry Heinauer, Robert S Mueller, III (Attachments: # 1 Exhibit A)(Stevens, Elizabeth) (Entered: 06/28/2007)

June 28, 2007
62

NOTICE by all plaintiffs Plaintiff's Second Notice of New Authority (Attachments: # 1 Exhibit # 2)(Berten, David) (Entered: 07/24/2007)

July 24, 2007
63

MOTION by Plaintiffs Ahsan Raza, Shabbir Ahmed, Siham El−Hamdaoui, Mohamad Zaidan, Zia Rehman, Tariq Saeed, Mohammed Alwatik to dismiss Named Plaintiffs Shabbir Ahmed and Mohammed Alwatik (Attachments: # 1 Text of Proposed Order Order Dismissing Named Plaintiffs)(Berten, David) (Entered:

July 27, 2007
65

ORDER Dismissing Named Plaintiffs Shabbir Ahmed and Mohammed Alwatik Signed by Judge John F. Grady on 8/3/2007.(rbf, ) (Entered: 08/07/2007)

Aug. 3, 2007
66

MOTION for leave to file an Amended Complaint (Attachments: # 1 Proposed Third Amended Complaint)(Berten, David) (Entered: 09/17/2007)

Sept. 17, 2007
67

NOTICE of Motion by David Powers Berten for presentment of motion for leave to file 66 before Honorable John F. Grady on 9/19/2007 at 10:30 AM. (Berten, David) (Entered: 09/17/2007)

Sept. 17, 2007
68

Plaintiff's Notice of Fifth Circuit Reversal of Its Walji Opinion by Ahsan Raza, Siham El−Hamdaoui, Mohamad Zaidan, Zia Rehman, Sergey Antonishin, Yan Bashkin, Gafaar Dafalla, Eltayeb Elbolok, Nadeem Fazal, Boris Goldfarb, Inna Karasik, Mohammed Khan, Sobia Khan, Larisa Khaninayeva, Vladimir Khlystov, Abdi Mohamed, Ashan Raza, Dora Reznik, Abram Rosental, Ilya Serebrennikov, Yelena Serebrennikova, Ismail Suleiman, Tariq Saeed (Attachments: # 1 Exhibit A to Alwatik Notice of New Authority re Walji)(Berten, David) (Entered: 09/17/2007)

Sept. 17, 2007
69

Third AMENDED complaint by Ahsan Raza, Sergey Antonishin, Yan Bashkin, Gafaar Dafalla, Eltayeb Elbolok, Nadeem Fazal, Boris Goldfarb, Inna Karasik, Mohammed Khan, Sobia Khan, Larisa Khaninayeva, Vladimir Khlystov, Abdi Mohamed, Dora Reznik, Abram Rosental, Ilya Serebrennikov, Yelena Serebrennikova, Ismail Suleiman against all defendants (Berten, David) (Entered: 09/19/2007)

Sept. 19, 2007
70

MINUTE entry before Judge John F. Grady : Hearing held on plaintiffs' motion for leave to amend the complaint. Plaintiffs' motion for leave to amend the complaint 66 is granted. mailed notice (vcf, ) (Entered: 09/20/2007)

Sept. 19, 2007
71

MINUTE entry before Judge John F. Grady :Defendants Motion to Dismiss Under Fed. R. Civ. P. 12 50 is granted in part and denied in part. As explained in the order of this date, we grant defendants motion to dismiss Counts I−V of plaintiffs complaint. We deny defendants motion to dismiss Count VI pursuant to Fed. R. Civ. P. 12(b)(1). We have jurisdiction to adjudicate plaintiffs applications, but nevertheless remand to USCIS. Accordingly, we dismiss Count VI of plaintiffs complaint requesting adjudication pursuant to § 1447(b). Plaintiffs have until November 12, 2007 to amend their complaint to state a supportable claim. If they fail to do so, we will dismiss the case with prejudice at that time. mailed notice (vcf, ) (Entered: 09/21/2007)

Sept. 20, 2007
72

ORDER Signed by Judge John F. Grady on 9/20/2007.(vcf, ) (Entered: 09/21/2007)

Sept. 20, 2007
74

MOTION by Plaintiffs Ahsan Raza, Siham El−Hamdaoui, Mohamad Zaidan, Zia Rehman, Sergey Antonishin, Yan Bashkin, Gafaar Dafalla, Eltayeb Elbolok, Nadeem Fazal, Boris Goldfarb, Inna Karasik, Mohammed Khan, Sobia Khan, Larisa Khaninayeva, Vladimir Khlystov, Abdi Mohamed, Ashan Raza, Dora Reznik, Abram Rosental, Ilya Serebrennikov, Yelena Serebrennikova, Ismail Suleiman, Tariq Saeed to amend/correct the Court's September 20, 2007 Order (Berten, David) (Entered: 09/28/2007)

Sept. 28, 2007
75

NOTICE of Motion by David Powers Berten for presentment of motion to amend/correct, 74 before Honorable John F. Grady on 10/3/2007 at 10:30 AM. (Berten, David) (Entered: 09/28/2007)

Sept. 28, 2007
77

MINUTE entry before Judge John F. Grady : Plaintiffs Rule 59(e) Motion Alter or Amend the Courts September 20, 2007 Order is denied.Mailed notice (vcf, ) (Entered: 10/04/2007)

Oct. 3, 2007
78

Fourth AMENDED complaint by Yan Bashkin, Gafaar Dafalla, Nadeem Fazal, Boris Goldfarb, Sobia Khan, Larisa Khaninayeva, Vladimir Khlystov, Dora Reznik, Ilya Serebrennikov, Yelena Serebrennikova, Ismail Suleiman against all defendants (Attachments: # 1 Exhibit Interagency Agreement# 2 Exhibit NNCP Statistics)(Berten, David) (Entered: 11/13/2007)

Nov. 13, 2007
79

MOTION by Defendants Department of Homeland Security, United States Citizenship and Immigration Services, Federal Bureau of Investigation, Ruth Dorochoff, Department of Homeland Security, Ruth Dorochoff, Federal Bureau of Investigation, United States Citizenship and Immigration Services, Peter D. Keisler, Michael Chertoff, Robert S Mueller, III for extension of time to file responsive motion (Stevens, Elizabeth) (Entered: 11/28/2007)

Nov. 28, 2007
80

NOTICE of Motion by Elizabeth J. Stevens for presentment of extension of time, 79 before Honorable John F. Grady on 12/5/2007 at 10:30 AM. (Stevens, Elizabeth) (Entered: 11/28/2007)

Nov. 28, 2007
81

MINUTE entry before Judge John F. Grady :Unopposed motion for extension of time 79 is granted. Hearing set for 12/05/07 stricken. Defendants' response to the amended 4th complaint due by 1/28/08.Mailed notice (jlj, ) (Entered: 11/30/2007)

Nov. 30, 2007
82

MOTION by Defendants Department of Homeland Security, United States Citizenship and Immigration Services, Federal Bureau of Investigation, Ruth Dorochoff, Department of Homeland Security, Ruth Dorochoff, Federal Bureau of Investigation, United States Citizenship and Immigration Services, Peter D. Keisler, Michael Chertoff, Robert S Mueller, III to dismiss Plaintiffs/Petitioners' Fourth Amended Complaint Under Fed R. Civ. P. 12 (Attachments: # 1 Exhibit A)(Stevens, Elizabeth) (Entered: 01/26/2008)

Jan. 26, 2008
83

NOTICE of Motion by Elizabeth J. Stevens for presentment of motion to dismiss, 82 before Honorable John F. Grady on 2/20/2008 at 10:30 AM. (Stevens, Elizabeth) (Entered: 01/26/2008)

Jan. 26, 2008
84

Amended NOTICE of Motion by Elizabeth J. Stevens for presentment of motion to dismiss, 82 before Honorable John F. Grady on 3/5/2008 at 10:30 AM. (Stevens, Elizabeth) (Entered: 02/06/2008)

Feb. 6, 2008
85

MINUTE entry before Judge John F. Grady :Motion to dismiss 82 is entered and continued until further order of court. Motion hearing held on 3/5/2008 regarding motion to dismiss, 82 . Response to motion to dismiss (82) due by 3/26/2008; reply due by 4/9/2008. Mailed notice (jlj, ) (Entered: 03/07/2008)

March 5, 2008
86

MOTION by Plaintiffs Ahsan Raza, Siham El−Hamdaoui, Mohamad Zaidan, Zia Rehman, Sergey Antonishin, Yan Bashkin, Gafaar Dafalla, Eltayeb Elbolok, Nadeem Fazal, Boris Goldfarb, Inna Karasik, Mohammed Khan, Sobia Khan, Larisa Khaninayeva, Vladimir Khlystov, Abdi Mohamed, Dora Reznik, Abram Rosental, Ilya Serebrennikov, Yelena Serebrennikova, Ismail Suleiman, Tariq Saeed to vacate The Court's September 20, 2007 Order (Berten, David) (Entered: 03/26/2008)

March 26, 2008
87

MEMORANDUM by Ahsan Raza, Siham El−Hamdaoui, Mohamad Zaidan, Zia Rehman, Sergey Antonishin, Yan Bashkin, Gafaar Dafalla, Eltayeb Elbolok, Nadeem Fazal, Boris Goldfarb, Mohammed Khan, Sobia Khan, Larisa Khaninayeva, Vladimir Khlystov, Abdi Mohamed, Ashan Raza, Dora Reznik, Abram Rosental, Ilya Serebrennikov, Yelena Serebrennikova, Ismail Suleiman, Tariq Saeed, Gerry Heinauer in support of motion to vacate, 86 the Court's Opinion (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Berten, David) (Entered: 03/26/2008)

March 26, 2008
88

NOTICE of Motion by David Powers Berten for presentment of motion to vacate, 86 before Honorable John F. Grady on 4/23/2008 at 10:30 AM. (Berten, David) (Entered: 03/26/2008)

March 26, 2008
89

REPLY by Department of Homeland Security, United States Citizenship and Immigration Services, Federal Bureau of Investigation, Ruth Dorochoff, Peter D. Keisler, Alberto R Gonzales, Michael Chertoff, Gerry Heinauer, Robert S Mueller, III to MOTION by Plaintiffs Ahsan Raza, Siham El−Hamdaoui, Mohamad Zaidan, Zia Rehman, Sergey Antonishin, Yan Bashkin, Gafaar Dafalla, Eltayeb Elbolok, Nadeem Fazal, Boris Goldfarb, Inna Karasik, Mohammed Khan, Sobia Khan, Larisa Khaninayeva, Vladimir Khlystov 86 , memorandum in support of motion,, 87 Defendants' Reply in Support of Motion to Dismiss and Opposition to Plaintiffs' Motion to Dismiss as Moot and to Vacate the Court's September 20, 2007 Opinion (Attachments: # 1 Exhibit Joint Press Release, USCIS and FBI, April 2, 2008)(Glaser, Sheri) (Entered: 04/09/2008)

April 9, 2008
90

MINUTE entry before Judge Honorable John F. Grady:Status hearing held on 4/23/2008. The court will rule on pending motions by mail.Mailed notice (jlj, ) (Entered: 04/24/2008)

April 23, 2008
91

MINUTE entry before the Honorable John F. Grady: Enter memorandum opinion and order. Defendants' Renewed Motion to Dismiss Plaintiffs/ Petitioners' Fourth Amended Complaint Under Fed. R. Civ. P. 12 (82) is denied as moot. Plaintiffs' Motion to Dismiss as Moot and to Vacate the Court's September 20, 2007 Opinion (86) is denied in part and granted in part. Plaintiffs' case is dismissed with prejudice as moot, and our September 20, 2007 opinion and order is vacated as to plaintiff Ismail Suleiman, only. Mailed notice (kj, ) (Entered: 06/17/2008)

June 13, 2008
93

FINAL JUDGMENT ORDER signed by the Honorable John F. Grady on 6/13/2008.(kj, ) (Entered: 06/17/2008)

June 13, 2008

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 4, 2006

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

All persons who are or will be lawful permanent residents applying for naturalization to become U.S. citizens, whose applications are pending in Illinois, Indiana or Wisconsin, and whose naturalization applications are not adjudicated within 120 days.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

U.S. Bureau of Citizenship and Immigration Services, Federal

Department of Homeland Security, Federal

Federal Bureau of Investigation, Federal

Attorney General of the United States, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Terrorism/Post 9-11 issues

Wait lists

Discrimination-basis:

National origin discrimination

Religion discrimination

Language:

Arabic

Immigration/Border:

Constitutional rights

U.S. citizenship - acquiring

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern