Case: Ruiz-Diaz v. United States

2:07-cv-01881 | U.S. District Court for the Western District of Washington

Filed Date: Nov. 21, 2007

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On November 21, 2007, private attorneys filed a national class action in the United States District Court for the Western District of Washington, challenging the refusal by U.S. Citizenship and Immigration Service (a component of the Department of Homeland Security) to accept concurrent adjustment of status applications for special immigrant religious workers. It was the general USCIS policy to accept concurrent filing of underlying visa petitions (I-360) with family-based and other employment…

On November 21, 2007, private attorneys filed a national class action in the United States District Court for the Western District of Washington, challenging the refusal by U.S. Citizenship and Immigration Service (a component of the Department of Homeland Security) to accept concurrent adjustment of status applications for special immigrant religious workers. It was the general USCIS policy to accept concurrent filing of underlying visa petitions (I-360) with family-based and other employment-based permanent resident applications (I-485). By regulation, however, this approach was not available for those seeking religious worker visas. See 8 C.F.R. § 245.2(a)(2)(i)(B). Plaintiffs contended that the policy violated their constitutional rights to freedom of religion, equal protection, and due process, as well as the Religious Freedom Restoration Act, and the Immigration and Nationality Act. They sought declaratory and injunctive relief, as well as class certification. Separate motions for a TRO and Preliminary Injunction to stop the accrual of unlawful presence time was filed with the Complaint and granted December 27, 2007 and Aug. 21, 2008. 2007 WL 4593876; 2008 WL 3928016.

In June 2008, Judge Lasnik granted class action status; the plaintiff class was defined as "all individuals currently in the United States who are beneficiaries of a Petition for Special Immigrant (Religious Worker) (Form I-360) that has been filed or will be filed, and who were or would be eligible to file an Application for Adjustment of Status (Form I-485) but for CIS's policy codified at 8 C.F.R. § 245.2(a) (2)(i)(B) that the Form I-360 petition must be approved before the Form I-485 application can be filed." 2008 WL 2645495.

In November 2008, Judge Lasnik rejected the defendant's motion to dismiss, finding that the court could not at that point of the litigation, find that the plaintiffs' various claims were incorrect. 2008 WL 4962685.

In March 2009, Judge Lasnik held that the regulation did not appropriately implement the Immigration and Nationality Act (INA), and was therefore unlawful. 2009 WL 799683. On appeal, the 9th Circuit reversed, finding the regulation permissible under the INA, and remanded to the district court to consider plaintiffs' remaining contentions. Ruiz-Diaz v. United States, 618 F.3d 1055 (9th Cir. 2010).

On remand, the District Court, Robert S. Lasnik, held for the government in all respects. In particular: a) the visa provisions of the U.S. immigration code serve a compelling government interest and do not substantially burden Plaintiffs exercise of their religion (satisfying RFRA) by imposing limitations on the grant of visas; b) fraud in the religious worker visa program is endemic, and "the bar on concurrent filings is a rational regulatory attempt to reduce fraud in the religious worker program. Given the government's legitimate interest in reducing fraud and the broad deference courts show the determinations of the political branches in the context of immigration, the bar on concurrent filings," which singles out religious workers for extra scrutiny, "withstands scrutiny under the Equal Protection Clause,"; c) Plaintiffs have "no legitimate entitlement to apply for adjustment of status before obtaining CIS approval of the I-360 visa petition." No process for visa applications is constitutionally mandated, or even statutorily required. Therefore, Plaintiffs' due process claims fail as a matter of law; and d) the threshold for a First Amendment violation is higher than for a RFRA violation, and that claim fails for same reasons as the RFRA violation claim. For those reasons, the Court denied Plaintiffs' motion for summary judgment and granted Defendants'. 819 F.Supp.2d 1154

Plaintiffs filed their notice of appeal in July of 2011. The Ninth Circuit Court of Appeals, Judge Mary M. Schroeder, affirmed for the same reasons. 697 F.3d 1119 (amended 703 F.3d 483). The Court's mandate was issued November 28, 2011, and the district court docket ends there.

Summary Authors

Dan Dalton (12/5/2007)

Carlos Torres (6/30/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4410214/parties/ruiz-diaz-v-united-states-of-america/

Judge(s)

Lasnik, Robert S. (Washington)

Rymer, Pamela Ann (California)

Schroeder, Mary Murphy (Arizona)

Walter, Donald Ellsworth (Louisiana)

Attorneys(s) for Plaintiff

Gibbs, Robert H. (Washington)

Matsumoto, Mari Lise (Washington)

Pauw, Robert (Washington)

Attorneys(s) for Defendant

Braunstein, Joshua E. (District of Columbia)

Diaz, J. Michael (Washington)

Jentzer, Lyle David (District of Columbia)

Judge(s)

Lasnik, Robert S. (Washington)

Rymer, Pamela Ann (California)

Schroeder, Mary Murphy (Arizona)

Walter, Donald Ellsworth (Louisiana)

Attorneys(s) for Plaintiff

Gibbs, Robert H. (Washington)

Matsumoto, Mari Lise (Washington)

Pauw, Robert (Washington)

Attorneys(s) for Defendant

Braunstein, Joshua E. (District of Columbia)

Diaz, J. Michael (Washington)

Jentzer, Lyle David (District of Columbia)

Kline, David J. (District of Columbia)

Leibman, Melissa S. (District of Columbia)

Roberts, Darwin P (Washington)

West, Tony (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 28, 2012 Docket
1

Complaint - Class Action

Nov. 21, 2007 Complaint

Press Release - Class Action Lawsuit Filed Over USCIS Refusal To Accept Concurrent Filings Of Adjustment Of Status Applications For Religious Workers

No Court

Nov. 27, 2007 Press Release
21

Temporary Restraining Order

2007 WL 4593876

Dec. 27, 2007 Order/Opinion
47

Order Denying Motion for Class Certification

May 1, 2008 Order/Opinion
48

Order Granting in Part Plaintiffs' Motion for a Preliminary Injunction

May 1, 2008 Order/Opinion
51

Plaintiffs' Second Amended Complaint

May 15, 2008 Complaint
87

Order Granting Second Motion for Class Certification

Ruiz-Diaz v. United States of America

2008 WL 2645495

June 30, 2008 Order/Opinion
90

Order Granting In Part Plaintiffs' Second Motion for a Preliminary Injunction

Ruiz-Diaz v. United States of America

2008 WL 3928016

Aug. 21, 2008 Order/Opinion
98

Order Denying Defendants' Second Motion to Dismiss

Ruiz-Diaz v. United States of America

2008 WL 4810304

Oct. 31, 2008 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4410214/ruiz-diaz-v-united-states-of-america/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against defendant(s) United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey, filed by Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song. (Attachments: # 1 Civil cover sheet). (Summons(es) issued)(Receipt # SEA13686) (CL, ) (Entered: 11/23/2007)

2 Civil cover sheet

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Nov. 21, 2007 RECAP
2

MOTION for Temporary Restraining Order by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song. (Attachments: # 1Sealed Exhibits A-D# 2 Proposed order)Noting Date 12/3/2007.(CL, ) Modified on 2/5/2008 to seal exhibits per 2/4/08 stipulation and order (RS, ). (Entered: 11/23/2007)

3 Proposed order

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Nov. 21, 2007 RECAP
3

NOTICE of Appearance by attorney Darwin P Roberts on behalf of Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. (Roberts, Darwin) (Entered: 11/26/2007)

Nov. 26, 2007 PACER
4

AFFIDAVIT of Mailing Summons and Complaint by Robert Pauw, Counsel for Plaintiffs to Civil Process Clerk (hand-delivered to U.S. Attorney's Office) on 11/21/07, and served by mail to Michael Mukasey, Michael Chertoff, Emilio T. Gonzalez on 11/23/07, filed by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song. (Matsumoto, Mari) (Entered: 11/27/2007)

Nov. 27, 2007 PACER
5

Stipulated MOTION and [Proposed] Order re Briefing Schedule by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. Noting Date 11/27/2007.(Roberts, Darwin) (Entered: 11/27/2007)

Nov. 27, 2007 PACER
6

STIPULATION AND ORDER by Judge Robert S. Lasnik. The Court RE-NOTES for 12/11/07 Pltf's Motion for Temporary Restraining Order, docket no. 2, Response Brief ddl 12/4/07, Reply Brief ddl 12/11/07.(CL, ) (Entered: 12/03/2007)

Nov. 30, 2007 PACER
7

RESPONSE, by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey, to 2 MOTION for Temporary Restraining Order. (Roberts, Darwin) (Entered: 12/04/2007)

Dec. 4, 2007 PACER
8

DECLARATION of Rodger Pitcairn filed by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey re 2 MOTION for Temporary Restraining Order (Roberts, Darwin) (Entered: 12/04/2007)

Dec. 4, 2007 PACER
9

DECLARATION of Darwin P. Roberts filed by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey re 2 MOTION for Temporary Restraining Order (Roberts, Darwin) (Entered: 12/04/2007)

Dec. 4, 2007 PACER
10

NOTICE that the following is RE-NOTED: 2 MOTION for Temporary Restraining Order. Filed by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song. Noting Date 4/11/2008.(Pauw, Robert) (Entered: 12/11/2007)

Dec. 11, 2007 PACER
11

AMENDED COMPLAINT against defendant(s) all defendants, filed by Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song.(Matsumoto, Mari) (Entered: 12/13/2007)

Dec. 13, 2007 PACER
12

MOTION to Certify Class by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song. (Attachments: # 1 Exhibit Plaintiffs' Exhibits A-D in Support of Motion for Class Certification)Noting Date 12/28/2007.(Matsumoto, Mari) (Entered: 12/13/2007)

2 Exhibit Plaintiffs' Exhibits A-D in Support of Motion for Class Certificati

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Dec. 13, 2007 PACER
13

Stipulated MOTION and Proposed Order re Briefing Schedule (Class Certification) by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. Noting Date 12/18/2007.(Roberts, Darwin) (Entered: 12/18/2007)

Dec. 18, 2007 PACER
14

MOTION for Leave to File Response to Plaintiffs' Notice of Renoting Motion for Temporary Restraining Order by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. (Attachments: # 1 Proposed Order Granting Defendants' Motion for Leave to File Response# 2 Government's Response [Proposed])Noting Date 1/3/2008.(Roberts, Darwin) (Entered: 12/19/2007)

2 Proposed Order Granting Defendants' Motion for Leave to File Response

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3 Government's Response [Proposed]

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Dec. 19, 2007 PACER
15

ORDER granting 13 Stipulated Motion re briefing schedule re plaintiffs' motion for class certification by Judge Robert S. Lasnik.(RS, ) (Entered: 12/20/2007)

Dec. 19, 2007 PACER
17

ORDER granting defendants' 14 Motion for Leave to File a Response to Plaintiff's Notice of Renoting Motion for TRO by Judge Robert S. Lasnik.(RS, ) (Entered: 12/21/2007)

Dec. 20, 2007 RECAP
18

ORDER TO SHOW CAUSE Show Cause Response due by 1/3/2008 at 4:30pm by Judge Robert S. Lasnik. (RS, ) (Entered: 12/21/2007)

Dec. 20, 2007 RECAP
19

Show cause deadline re 18 Order to Show Cause NOTED on motion calendar;Noting Date 1/4/2008. (RS, ) (Entered: 12/21/2007)

Dec. 20, 2007 PACER
16

MOTION for Temporary Restraining Order by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song. (Attachments: # 1 Sealed Exhibit # 2 Proposed Order)Noting Date 12/28/2007.(Pauw, Robert) Modified on 2/5/2008 to seal exhibit per 2/4/08 stipulation and order (RS, ). (Entered: 12/21/2007)

3 Proposed Order

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Dec. 21, 2007 PACER
20

WITHDRAWAL of Motion re 2 MOTION for Temporary Restraining Order ; by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song. (Pauw, Robert) (Entered: 12/27/2007)

Dec. 27, 2007 PACER
21

TEMPORARY RESTRAINING ORDER re plaintiffs' 16 Motion for TRO by Judge Robert S. Lasnik.(RS, ) (Entered: 12/28/2007)

Dec. 27, 2007 RECAP
22

Second Stipulated MOTION and Proposed Order re Briefing Schedule (Class Certification) by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. Noting Date 1/11/2008.(Roberts, Darwin) (Entered: 01/11/2008)

Jan. 11, 2008 PACER
23

SECOND STIPULATED ORDER granting 22 Stipulated Motion re briefing schedule on plaintiffs' motion for class certification by Judge Robert S. Lasnik.(RS, ) (Entered: 01/14/2008)

Jan. 14, 2008 PACER
24

Stipulated MOTION & Agreed Proposed Order by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song. Noting Date 1/29/2008.(Gibbs, Robert) (Entered: 01/29/2008)

Jan. 29, 2008 PACER
25

ORDER granting 24 Stipulated Motion to seal documents by Judge Robert S. Lasnik.(RS, ) (Entered: 02/05/2008)

Feb. 4, 2008 PACER
26

MOTION to Dismiss by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. Oral Argument Requested. (Attachments: # 1 Proposed Order)Noting Date 2/29/2008.(Roberts, Darwin) (Entered: 02/05/2008)

2 Proposed Order

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Feb. 5, 2008 PACER
27

Second DECLARATION of Rodger Pitcairn filed by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey re 26 MOTION to Dismiss (Roberts, Darwin) (Entered: 02/05/2008)

Feb. 5, 2008 PACER
28

RESPONSE, by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey, to 12 MOTION to Certify Class. (Roberts, Darwin) (Entered: 02/05/2008)

Feb. 5, 2008 PACER
29

MOTION for Preliminary Injunction by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)Noting Date 2/29/2008.(Pauw, Robert) (Entered: 02/05/2008)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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Feb. 5, 2008 PACER
30

MOTION to Amend Complaint by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song. (Attachments: # 1 Second Amended Complaint)Noting Date 2/22/2008.(Pauw, Robert) (Entered: 02/05/2008)

2 Second Amended Complaint

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Feb. 5, 2008 PACER
31

MINUTE ORDER RE-NOTING 29 MOTION for Preliminary Injunction ; Noting Date 2/22/2008. (KERR, ) (Entered: 02/06/2008)

Feb. 6, 2008 PACER
32

EXHIBIT (Redacted) in Support of Second Motion for TRO DKT #16 pursuant to agreed order by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song. (Gibbs, Robert) (Entered: 02/06/2008)

Feb. 6, 2008 PACER
33

RESPONSE, by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey, to 29 MOTION for Preliminary Injunction. (Roberts, Darwin) (Entered: 02/19/2008)

Feb. 19, 2008 PACER
34

Second DECLARATION of Darwin P. Roberts filed by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey re 29 MOTION for Preliminary Injunction (Roberts, Darwin) (Entered: 02/19/2008)

Feb. 19, 2008 PACER
35

RESPONSE, by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey, to 30 MOTION to Amend Complaint. (Roberts, Darwin) (Entered: 02/19/2008)

Feb. 19, 2008 PACER
36

REPLY, filed by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song, TO RESPONSE to 12 MOTION to Certify Class (Pauw, Robert) (Entered: 02/19/2008)

Feb. 19, 2008 PACER
37

RESPONSE, by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song, to 26 MOTION to Dismiss. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Pauw, Robert) (Entered: 02/19/2008)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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Feb. 19, 2008 PACER
38

REPLY, filed by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song, TO RESPONSE to 30 MOTION to Amend Complaint (Pauw, Robert) (Entered: 02/22/2008)

Feb. 22, 2008 PACER
39

REPLY, filed by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey, TO RESPONSE to 26 MOTION to Dismiss (Roberts, Darwin) (Entered: 02/26/2008)

Feb. 26, 2008 PACER
40

PROPOSED ORDER (Unsigned) re 29 MOTION for Preliminary Injunction. (Pauw, Robert) (Entered: 02/26/2008)

Feb. 26, 2008 PACER
41

REPLY, filed by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song, TO RESPONSE to 29 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Exhibit A, Declaration of Robert O. Wells# 2 Exhibit Exhibit B, AILA Comment to Proposed Rule# 3 Exhibit Exhibit C, 2002 GAO Report)(Gibbs, Robert) (Entered: 02/26/2008)

2 Exhibit Exhibit A, Declaration of Robert O. Wells

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3 Exhibit Exhibit B, AILA Comment to Proposed Rule

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4 Exhibit Exhibit C, 2002 GAO Report

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Feb. 26, 2008 PACER
42

MOTION to Stay by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. Noting Date 03-21-2008.(Roberts, Darwin) (Entered: 02/29/2008)

Feb. 29, 2008 PACER
43

MOTION Withdraw Request for Oral Argument re 26 MOTION to Dismiss by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. Noting Date 03-21-2008.(Roberts, Darwin) (Entered: 02/29/2008)

Feb. 29, 2008 PACER
44

RESPONSE, by Plaintiffs Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song, to 42 MOTION to Stay. (Gibbs, Robert) (Entered: 03/17/2008)

March 17, 2008 PACER
45

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. J. Michael Diaz is substituted as counsel for Defendants. Attorney Darwin P Roberts terminated. (Diaz, J.) (Entered: 04/08/2008)

April 8, 2008 PACER
46

ORDER denying defendants' 26 Motion to Dismiss by Judge Robert S. Lasnik.(RS, ) (Entered: 05/02/2008)

May 1, 2008 RECAP
47

ORDER denying plaintiffs' 12 Motion to Certify Class by Judge Robert S. Lasnik.(RS, ) (Entered: 05/02/2008)

May 1, 2008 RECAP
48

ORDER granting in part plaintiffs' 29 Motion for Preliminary Injunction by Judge Robert S. Lasnik.(RS, ) (Entered: 05/02/2008)

May 1, 2008 RECAP
49

ORDER denying defendants' 42 Motion to Stay Proceedings by Judge Robert S. Lasnik.(RS, ) (Entered: 05/02/2008)

May 1, 2008 RECAP
50

ORDER granting 30 Motion to Amend Complaint by Judge Robert S. Lasnik.(RS, ) (Entered: 05/06/2008)

May 5, 2008 RECAP
51

Second AMENDED COMPLAINT against defendant(s) all defendants, filed by Peter Gillette, Saleck Ould Dah Ould Sidine, Cindy Lee Marsh, Gadiel Gomez, Gabriel Ruiz-Diaz, Hyun Sook Song.(Matsumoto, Mari) (Entered: 05/15/2008)

May 15, 2008 PACER
52

Second MOTION to Certify Class by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Gabriel Ruiz-Diaz, Hyun Sook Song. Noting Date 5/30/2008; (Matsumoto, Mari) (Entered: 05/15/2008)

May 15, 2008 PACER
53

DECLARATION of Yuriy Kasyanov (Ex. A) filed by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Gabriel Ruiz-Diaz, Hyun Sook Song re 52 Second MOTION to Certify Class (Matsumoto, Mari) (Entered: 05/15/2008)

May 15, 2008 PACER
54

DECLARATION of Lelia Tenreyro-Viana (Ex. B) filed by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Gabriel Ruiz-Diaz, Hyun Sook Song re 52 Second MOTION to Certify Class (Matsumoto, Mari) (Entered: 05/15/2008)

May 15, 2008 PACER
55

DECLARATION of Edgardo Gaston Romero Lacuesta (Ex. C) filed by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Gabriel Ruiz-Diaz, Hyun Sook Song re 52 Second MOTION to Certify Class (Matsumoto, Mari) (Entered: 05/15/2008)

May 15, 2008 PACER
56

DECLARATION of Rosario Razo Romero (Ex. D) filed by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Gabriel Ruiz-Diaz, Hyun Sook Song re 52 Second MOTION to Certify Class (Matsumoto, Mari) (Entered: 05/15/2008)

May 15, 2008 PACER
57

DECLARATION of Youn Su Nam (Ex. E) filed by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Gabriel Ruiz-Diaz, Hyun Sook Song re 52 Second MOTION to Certify Class (Matsumoto, Mari) (Entered: 05/15/2008)

May 15, 2008 PACER
58

DECLARATION of Harold Michael Carl Lapian (Ex. F) filed by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Gabriel Ruiz-Diaz, Hyun Sook Song re 52 Second MOTION to Certify Class (Matsumoto, Mari) (Entered: 05/15/2008)

May 15, 2008 PACER
59

DECLARATION of Pablo Sandoval (Ex. G) filed by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Gabriel Ruiz-Diaz, Hyun Sook Song re 52 Second MOTION to Certify Class (Matsumoto, Mari) (Entered: 05/15/2008)

May 15, 2008 PACER
60

DECLARATION of Denice Macy (Ex. H) filed by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Gabriel Ruiz-Diaz, Hyun Sook Song re 52 Second MOTION to Certify Class (Matsumoto, Mari) (Entered: 05/15/2008)

May 15, 2008 PACER
61

DECLARATION of Michael J. Champion (Ex. I) filed by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Gabriel Ruiz-Diaz, Hyun Sook Song re 52 Second MOTION to Certify Class (Matsumoto, Mari) (Entered: 05/15/2008)

May 15, 2008 PACER
62

DECLARATION of Michael D. Roe (Ex. J) filed by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Gabriel Ruiz-Diaz, Hyun Sook Song re 52 Second MOTION to Certify Class (Matsumoto, Mari) (Entered: 05/15/2008)

May 15, 2008 PACER
63

STIPULATION and PROPOSED ORDER to Stay Unlawful Presence for Certain Named Plaintiffs by parties. (Pauw, Robert) (Entered: 05/22/2008)

May 22, 2008 PACER
64

MOTION for Extension of Time To File A Response To Plaintiff's Second Motion For Class Certification by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. (Attachments: # 1 Proposed Order) Noting Date 6/3/2008; (Diaz, J.) (Entered: 05/22/2008)

2 Proposed Order

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May 22, 2008 PACER
65

Second MOTION for Preliminary Injunction by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Gabriel Ruiz-Diaz, Hyun Sook Song. (Attachments: # 1 Exhibit Ex. A, Decl. of Fr. McKee, # 2 Exhibit Ex. B, Letters from St. Cecilia Parish) Noting Date 6/6/2008; (Matsumoto, Mari) (Entered: 05/22/2008)

2 Exhibit Ex. A, Decl. of Fr. McKee

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3 Exhibit Ex. B, Letters from St. Cecilia Parish

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May 22, 2008 PACER
66

STIPULATION AND PROPOSED ORDER Extending Time for Defendants to File a Response by parties re 51 Amended Complaint. (Diaz, J.) (Entered: 05/23/2008)

May 23, 2008 PACER
67

MOTION for Extension of Time To File A Response To Plaintiffs' Second Motion For Preliminary Injunction by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. (Attachments: # 1 Proposed Order) Noting Date 6/5/2008; (Diaz, J.) (Entered: 05/27/2008)

2 Proposed Order

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May 27, 2008 PACER
68

STIPULATION AND ORDER extending time for dfts to file a response to plaintiffs' second amended complaint by Judge Robert S. Lasnik. (RS, ) (Entered: 05/28/2008)

May 27, 2008 PACER
69

STIPULATION AND ORDER allowing plaintiffs to remain in US pending resolution of lawsuit or further order of the court by Judge Robert S. Lasnik. (RS, ) (Entered: 05/28/2008)

May 27, 2008 PACER
70

RESPONSE, by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Gabriel Ruiz-Diaz, Hyun Sook Song, to 64 MOTION for Extension of Time To File A Response To Plaintiff's Second Motion For Class Certification. (Matsumoto, Mari) (Entered: 05/28/2008)

May 28, 2008 PACER
71

PROPOSED ORDER (Unsigned) re 52 Second MOTION to Certify Class (Matsumoto, Mari) (Entered: 05/30/2008)

May 30, 2008 PACER
72

PROPOSED ORDER (Unsigned) re 65 Second MOTION for Preliminary Injunction (Matsumoto, Mari) (Entered: 05/30/2008)

May 30, 2008 PACER
73

RESPONSE, by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Pablo Sandoval, Yuriy Kasyanov, Lelia Tenreyro-Viana, Edgardo Gaston Romero Lacuesta, Rosario Razo Romero, Youn Su Nam, Harold Michael Carl Lapian, Land of Medicine, Ukrainian Autocephalous Orthodox Church, Seattle Mennonite Church, Gabriel Ruiz-Diaz, Hyun Sook Song, to 67 MOTION for Extension of Time To File A Response To Plaintiffs' Second Motion For Preliminary Injunction. (Attachments: # 1 Exhibit Redacted Table Provided to Defendants' Counsel 05-23-2008)(Matsumoto, Mari) (Entered: 06/02/2008)

2 Exhibit Redacted Table Provided to Defendants' Counsel 05-23-2008

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June 2, 2008 PACER
74

REPLY, filed by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey, TO RESPONSE to 64 MOTION for Extension of Time To File A Response To Plaintiff's Second Motion For Class Certification (Diaz, J.) (Entered: 06/03/2008)

June 3, 2008 PACER
75

ORDER granting defendants' 64 Motion for Extension of Time; plaintiffs' 52 Second MOTION to Certify Class is renoted for 6/13/08 by Judge Robert S. Lasnik.(RS) (Entered: 06/05/2008)

June 4, 2008 PACER
76

REPLY, filed by Defendant United States of America, TO RESPONSE to 67 MOTION for Extension of Time To File A Response To Plaintiffs' Second Motion For Preliminary Injunction (Attachments: # 1 Exhibit Declaration of Lyle Jentzer, # 2 Exhibit Declaration of J. Michael Diaz, # 3 Exhibit Declaration of Dietz Lafort)(Diaz, J.) (Entered: 06/05/2008)

2 Exhibit Declaration of Lyle Jentzer

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3 Exhibit Declaration of J. Michael Diaz

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4 Exhibit Declaration of Dietz Lafort

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June 5, 2008 PACER
77

ORDER regarding dfts' 67 Motion for Extension of Time; plaintiffs' 65 Second MOTION for Preliminary Injunction is renoted for 6/20/2008 by Judge Robert S. Lasnik.(RS) (Entered: 06/09/2008)

June 9, 2008 PACER
78

RESPONSE, by Defendant United States of America, to 52 Second MOTION to Certify Class. (Diaz, J.) (Entered: 06/09/2008)

June 9, 2008 PACER
79

REDACTION to 20 Withdrawal of Motion by Plaintiff Gabriel Ruiz-Diaz. (Gibbs, Robert) (Entered: 06/10/2008)

June 10, 2008 PACER
80

REPLY, filed by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Pablo Sandoval, Yuriy Kasyanov, Lelia Tenreyro-Viana, Edgardo Gaston Romero Lacuesta, Rosario Razo Romero, Youn Su Nam, Harold Michael Carl Lapian, Land of Medicine, Ukrainian Autocephalous Orthodox Church, Seattle Mennonite Church, Gabriel Ruiz-Diaz, Hyun Sook Song, TO RESPONSE to 52 Second MOTION to Certify Class (Attachments: # 1 Exhibit Ex. A, National Immigration Law Center Overview of States' Driver's License Requirements)(Matsumoto, Mari) (Entered: 06/12/2008)

2 Exhibit Ex. A, National Immigration Law Center Overview of States' Driver&#

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June 12, 2008 PACER
81

NOTICE of Appearance by attorney J. Michael Diaz on behalf of Defendants US Citizenship and Immigration Services, US Department of Homeland Security, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. (Diaz, J.) (Entered: 06/16/2008)

June 16, 2008 PACER
82

RESPONSE, by Defendant United States of America, to 65 Second MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit Exhibit A in Support of Opposition, # 2 Exhibit Exhibit B in support of Opposition)(Diaz, J.) (Entered: 06/16/2008)

2 Exhibit Exhibit A in Support of Opposition

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3 Exhibit Exhibit B in support of Opposition

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June 16, 2008 PACER
83

REPLY, filed by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Pablo Sandoval, Yuriy Kasyanov, Lelia Tenreyro-Viana, Edgardo Gaston Romero Lacuesta, Rosario Razo Romero, Youn Su Nam, Harold Michael Carl Lapian, Land of Medicine, Ukrainian Autocephalous Orthodox Church, Seattle Mennonite Church, Gabriel Ruiz-Diaz, Hyun Sook Song, TO RESPONSE to 65 Second MOTION for Preliminary Injunction (Matsumoto, Mari) (Entered: 06/20/2008)

June 20, 2008 PACER
84

NOTICE of Supplemental Authority re 82 Response to Motion ; filed by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. (Attachments: # 1 Munaf v. Geren)(Diaz, J.) (Entered: 06/23/2008)

2 Munaf v. Geren

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June 23, 2008 PACER
85

REPLY by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Pablo Sandoval, Yuriy Kasyanov, Lelia Tenreyro-Viana, Edgardo Gaston Romero Lacuesta, Rosario Razo Romero, Youn Su Nam, Harold Michael Carl Lapian, Land of Medicine, Ukrainian Autocephalous Orthodox Church, Seattle Mennonite Church, Gabriel Ruiz-Diaz, Hyun Sook Song to 84 Notice-Other, of Supplemental Authority. (Pauw, Robert) (Entered: 06/24/2008)

June 24, 2008 PACER
86

Second MOTION to Dismiss by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. Oral Argument Requested. (Attachments: # 1 Exhibit A) Noting Date 7/25/2008; (Diaz, J.) (Entered: 06/27/2008)

2 Exhibit A

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June 27, 2008 PACER
87

ORDER granting plaintiffs' 52 Second Motion to Certify Class by Judge Robert S. Lasnik.(RS) (Entered: 07/01/2008)

June 30, 2008 RECAP
88

RESPONSE, by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Pablo Sandoval, Yuriy Kasyanov, Lelia Tenreyro-Viana, Edgardo Gaston Romero Lacuesta, Rosario Razo Romero, Youn Su Nam, Harold Michael Carl Lapian, Land of Medicine, Ukrainian Autocephalous Orthodox Church, Seattle Mennonite Church, Gabriel Ruiz-Diaz, Hyun Sook Song, to 86 Second MOTION to Dismiss. (Matsumoto, Mari) (Entered: 07/21/2008)

July 21, 2008 PACER
89

REPLY, filed by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey, TO RESPONSE to 86 Second MOTION to Dismiss (Diaz, J.) (Entered: 07/25/2008)

July 25, 2008 PACER
90

ORDER granting in part 65 Plaintiffs' Second Motion for Preliminary Injunction by Judge Robert S. Lasnik.(TS, ) (Entered: 08/21/2008)

Aug. 21, 2008 RECAP
91

MINUTE ORDER Setting Hearing on 86 Second MOTION to Dismiss : Motion Hearing set for 10/28/2008 at 8:30 AM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 09/30/2008)

Sept. 30, 2008 PACER
92

MOTION for Summary Judgment by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Pablo Sandoval, Yuriy Kasyanov, Lelia Tenreyro-Viana, Edgardo Gaston Romero Lacuesta, Rosario Razo Romero, Youn Su Nam, Harold Michael Carl Lapian, Land of Medicine, Ukrainian Autocephalous Orthodox Church, Seattle Mennonite Church, Gabriel Ruiz-Diaz, Hyun Sook Song. (Attachments: # 1 Exhibit Exh. A - USCIS Memo, # 2 Proposed Order) Noting Date 10/31/2008 (Matsumoto, Mari) (Entered: 10/09/2008)

2 Exhibit Exh. A - USCIS Memo

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3 Proposed Order

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Oct. 9, 2008 PACER
93

NOTICE OF SUPPLEMENTAL AUTHORITY re 86 Second MOTION to Dismiss ; filed by Plaintiffs Cindy Lee Marsh, Peter Gillette, Saleck Ould Dah Ould Sidine, Pablo Sandoval, Yuriy Kasyanov, Lelia Tenreyro-Viana, Edgardo Gaston Romero Lacuesta, Rosario Razo Romero, Youn Su Nam, Harold Michael Carl Lapian, Land of Medicine, Ukrainian Autocephalous Orthodox Church, Seattle Mennonite Church, Gabriel Ruiz-Diaz, Hyun Sook Song. (Matsumoto, Mari) (Entered: 10/16/2008)

Oct. 16, 2008 PACER
94

NOTICE of Appearance by attorney J. Michael Diaz on behalf of Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. (Diaz, J.) (Entered: 10/17/2008)

Oct. 17, 2008 PACER
95

NOTICE of Supplemental Authority ; filed by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. (Leibman, Melissa) (Entered: 10/20/2008)

Oct. 20, 2008 PACER
96

Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment by Defendants United States of America, US Citizenship and Immigration Services, US Department of Homeland Security, US Department of Justice, Emilio Gonzalez, Michael Chertoff, Michael B Mukasey. (Attachments: # 1 Exhibit A, # 2 Proposed Order) Noting Date 11/21/2008 (Leibman, Melissa) (Entered: 10/27/2008)

2 Exhibit A

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3 Proposed Order

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Oct. 27, 2008 PACER
97

MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: Robert Pauw, Robert Gibbs and Mari Matsumoto; Def Counsel: Melissa Leibman and Lyle Jentzer; CR: Barry Fanning; Time of Hearing: 8:30 a.m.; Courtroom: 15106; Motion Hearing held on 10/28/2008 re 86 Second MOTION to Dismiss filed by US Department of Justice, Michael Chertoff, Michael B Mukasey, US Department of Homeland Security, US Citizenship and Immigration Services, Emilio Gonzalez, United States of America. After hearing the arguments of counsel, the Court takes this matter under advisement. (KERR) (Entered: 10/28/2008)

Oct. 28, 2008 PACER
98

ORDER denying defendants' 86 Second Motion to Dismiss by Judge Robert S. Lasnik.(RS) (Entered: 11/03/2008)

Oct. 31, 2008 RECAP
99

STIPULATION AND PROPOSED ORDER re Briefing Schedule by parties. (Pauw, Robert) (Entered: 11/04/2008)

Nov. 4, 2008 PACER
100

ORDER RE BRIEFING SCHEDULE: RE-NOTING 96 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment, 92 MOTION for Summary Judgment ; Noting Date 12/15/2008 by Judge Robert S. Lasnik. (RS) (Entered: 11/07/2008)

Nov. 6, 2008 PACER

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 21, 2007

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals and their derivative family members, who are in the U.S., who are beneficiaries of an I-360 Petition, and who would be eligible to apply for adjustment of status, but are not allowed to file concurrent I-485 adjustment applications.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Homeland Security, Federal

Department of Justice, Federal

US Citizenship and Immigration Services, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Treatment

Discrimination-basis:

Religion discrimination

Immigration/Border:

Family Separation