Case: Castelano v. Rice

7:08-cv-00057 | U.S. District Court for the Southern District of Texas

Filed Date: Feb. 6, 2008

Closed Date: Aug. 14, 2009

Clearinghouse coding complete

Case Summary

By filing a complaint in the U.S. District Court for the Southern District of Texas on February 6, 2008, which they amended on April 7, 2008, and again on September 16, 2008, nine named plaintiffs brought a class action lawsuit naming, as defendants, the U.S. State Department and the United States. The plaintiffs alleged that each had been born in the U.S. years earlier, with the births occurring not in a medical facility but typically attended by a midwife who, for some, registered the birth …

By filing a complaint in the U.S. District Court for the Southern District of Texas on February 6, 2008, which they amended on April 7, 2008, and again on September 16, 2008, nine named plaintiffs brought a class action lawsuit naming, as defendants, the U.S. State Department and the United States. The plaintiffs alleged that each had been born in the U.S. years earlier, with the births occurring not in a medical facility but typically attended by a midwife who, for some, registered the birth as occurring in the U.S. Recently, each plaintiff had applied for a U.S. passport. Rather than adjudicate their applications by granting or denying each a passport, the State Department requested additional proof of U.S. citizenship from each. After supplying additional proof, the plaintiffs alleged that, usually, the agency did not acknowledge its receipt and, instead, advised the plaintiffs that their applications would be filed "without further action." To the plaintiffs, this kind of stalling non-decision was how the agency avoided legal formalities and approvals required to actually deny a passport application and constituted, effectively, denial. The plaintiffs' U.S. citizenship assertions were often complicated by their having also been registered in Mexico as having been born there. Bogus Mexican birth registrations, filed by their parents, typically made the plaintiffs eligible for health benefits or school in that country when, at times, the parents resided there.

Represented by the ACLU and private counsel, the plaintiffs sought to represent a national class consisting of "all persons who have filed or will in the future file applications for United States passports, in whose cases, on or after April 8, 2003, the defendants did, or will in the future, 'file' or 'close' their applications without formally adjudicating them." The plaintiffs alleged that their inability to travel freely, resulting from the effective denial of their passport applications, significantly and unlawfully restricted their liberty. They sought a declaratory judgment under 8 U.S.C. § 1503 that the named plaintiffs were, in fact, U.S. citizens; a class-wide declaratory judgment that defendants had violated due process by failing to adjudicate and otherwise obstructing the class's applications, and corresponding injunctive relief; a class-wide declaratory judgment that defendants had violated equal protection by treating the class differently from similarly situated U.S. citizens of different race, ethnicity or ancestry, and corresponding injunctive relief; a class-wide declaration that defendants had violated the Administrative Procedure Act, 5 U.S.C. § 703, by acting arbitrarily and capriciously, and corresponding injunctive relief; a writ of mandamus compelling the defendants to actually adjudicate the applications and issue the passports; and attorneys' fees and costs. Plaintiffs also initially sought habeas relief, but dropped this cause of action in their second amended complaint.

On October 15, 2008, the defendants filed a partial motion to dismiss for failure to state a claim upon which relief can be granted. Over the course of the following six months, several individual plaintiffs obtained their passports and voluntarily dismissed their claims.

On June 26, 2009, the parties informed the District Court that they had come to a agreement. Under the terms of their proposed settlement, the defendants agreed to re-adjudicate the applications of the class without denying them solely because an applicant had been birthed by a midwife on defendants' list of suspected or known birth certificate forgers, and to waive fees if the class member made a request by June 1, 2010. Defendants also agreed to train their employees on re-adjudication under the terms of the settlement, to give notice to the class, and to pay attorneys' fees of $150,000. The Court was to retain only contingent jurisdiction to mediate disputes over the settlement should the other dispute resolution mechanisms listed be exhausted, and the settlement was to last for two years and eleven months.

The parties moved for preliminary approval and class certification for settlement purposes, and the Court (Judge Randy Crane) granted their motion on July 7, 2009.

After hearing objections from individuals who wanted to be covered by the settlement but who had been denied passports and were thus not part of the class, and responses from the parties, who pointed out that the objectors were not bound by the settlement and could thus still bring their own claims, the Court (Judge Crane) gave its final approval to the settlement on August 14, 2009.

(Note that on July 2, 2009, the Court approved the motion of three plaintiffs to sever their individual claims under 8 U.S.C. § 1503 for declarations that they were U.S. citizens, and created the separate case of Castelano v. Rice, No. 7:09-cv-00177, to address these claims. By October 25, 2010, all three plaintiffs had received their passports and dismissed their claims, reserving the right to file future 8 U.S.C. § 1503 claims should the need arise.)

Summary Authors

Christopher Schad (6/13/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7787810/parties/castelano-v-rice/


Judge(s)

Crane, Randy (Texas)

Attorneys(s) for Plaintiff

Brodyaga, Lisa S. (Texas)

Goldfaden, Robin L. (California)

Graybill, Lisa Shawn (Texas)

Gupta, Vanita (New York)

Henke, Melissa N. (District of Columbia)

Levin, Adam K. (District of Columbia)

Weiner, David J. (District of Columbia)

Widor, Thomas John (District of Columbia)

Wolinsky, Robert B. (District of Columbia)

Judge(s)

Crane, Randy (Texas)

Attorneys(s) for Plaintiff

Brodyaga, Lisa S. (Texas)

Goldfaden, Robin L. (California)

Graybill, Lisa Shawn (Texas)

Gupta, Vanita (New York)

Henke, Melissa N. (District of Columbia)

Levin, Adam K. (District of Columbia)

Weiner, David J. (District of Columbia)

Widor, Thomas John (District of Columbia)

Wolinsky, Robert B. (District of Columbia)

Attorneys(s) for Defendant

Benavides, Reno Carlo (Texas)

Bryce, Peter Michael (District of Columbia)

Luis, Lisa (Texas)

Rodriguez, Victor Jr (Texas)

Rolbin, Jonathan M. (District of Columbia)

Stevens, Elizabeth Jones (District of Columbia)

West, Tony (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 14, 2009 Docket
36

Second Amended Class Action Complaint and Petition for Declaratory, Injunctive and Mandamus Relief

Sept. 16, 2008 Complaint
42

Defendants' Partial Motion to Dismiss for Failure to State a Claim Pursuant to Fed.R.Civ.Pro 12(b)(6) and Motion to Sever

Oct. 15, 2008 Pleading / Motion / Brief
89

Emergency Joint Motion for Expedited Preliminary Approval of the Class Action Settlement Agreement and Expedited Fairness Hearing and Motion for Class Certification for Settlement Purposes Only

Castelano v. Clinton

June 26, 2009 Pleading / Motion / Brief
89-1

Stipulation and Agreement of Settlement and Release

Castelano v. Clinton

June 26, 2009 Settlement Agreement
91

Order Granting Unopposed Motion to Sever Plaintiffs' 8 U.S.C. § 1503(a) Claims

July 2, 2009 Order/Opinion
93

Order Granting Preliminary Approval of Class Action Settlement

July 7, 2009 Order/Opinion
100

Final Order and Judgment Approving Class Action Settlement

Aug. 14, 2009 Order/Opinion
99

Order [Granting Unopposed Motion to Approve Attorneys’ Fees and Expenses Pursuant to the Stipulation and Agreement of Settlement and Release]

Aug. 14, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7787810/castelano-v-rice/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number 3453019) filed by Amalia Ramirez Castelano.(Brodyaga, Elisabeth) (Entered: 02/06/2008)

Feb. 6, 2008 PACER
2

EXHIBITS re: 1 Petition for Writ of Habeas Corpus by Amalia Ramirez Castelano, filed.(Brodyaga, Elisabeth) (Entered: 02/06/2008)

Feb. 6, 2008 PACER
3

Sealed Event, filed. (Entered: 02/06/2008)

Feb. 6, 2008 PACER
4

EXHIBITS re: 1 Petition for Writ of Habeas Corpus by Amalia Ramirez Castelano, filed.(Brodyaga, Elisabeth) (Entered: 02/06/2008)

Feb. 6, 2008 PACER
5

Summonses by Amalia Ramirez Castelano, filed.(Brodyaga, Elisabeth) (Entered: 02/06/2008)

Feb. 6, 2008 PACER
6

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/7/2008 at 09:30 AM before Judge Randy Crane. Parties notified.(bgarces, ) (Entered: 02/07/2008)

Feb. 7, 2008 PACER

Summons Issued as to Condoleezza Rice, Celeste F., United States of America (bgarces, )

Feb. 7, 2008 PACER
7

Sealed Event, filed. (Entered: 04/06/2008)

April 6, 2008 PACER
8

Sealed Event, filed. (Entered: 04/06/2008)

April 6, 2008 PACER
9

Sealed Event, filed. (Entered: 04/06/2008)

April 6, 2008 PACER
10

First AMENDED Petition for Habeas Corpus against Condoleezza Rice, United States of America filed by Florencio Gonzalez, Jr., Elvia Elissetche, Arturo Garcia, Sr., Sofia Elizabeth Lopez, Jessica Gonzalez, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, Amalia Ramirez Castelano.(Brodyaga, Elisabeth) (Entered: 04/07/2008)

April 7, 2008 PACER
11

EXHIBITS re: 10 Amended Complaint/Counterclaim/Crossclaim etc., by Florencio Gonzalez, Jr., Elvia Elissetche, Arturo Garcia, Sr., Sofia Elizabeth Lopez, Jessica Gonzalez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, filed.(Brodyaga, Elisabeth) (Entered: 04/07/2008)

April 7, 2008 PACER
12

Sealed Event, filed. (Entered: 04/07/2008)

April 7, 2008 PACER
13

Sealed Event, filed. (Entered: 04/09/2008)

April 9, 2008 PACER
14

Sealed Event, filed. (Entered: 04/09/2008)

April 9, 2008 PACER
15

Sealed Event, filed. (Entered: 04/09/2008)

April 9, 2008 PACER
16

Sealed Event, filed. (Entered: 04/09/2008)

April 9, 2008 PACER
17

Sealed Event, filed. (Entered: 04/10/2008)

April 10, 2008 PACER
18

Sealed Event, filed. (Entered: 04/10/2008)

April 10, 2008 PACER
19

Sealed Event, filed. (Entered: 04/21/2008)

April 21, 2008 PACER
20

Opposed MOTION to Intervene by David Hernandez, Florencio Gonzalez, Jr., Elvia Elissetche, Arturo Garcia, Sr., Sofia Elizabeth Lopez, Jessica Gonzalez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, filed. Motion Docket Date 5/14/2008. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 04/24/2008)

1 Proposed Order

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April 24, 2008 PACER
21

Sealed Event, filed. (Entered: 04/24/2008)

April 24, 2008 PACER
22

Unopposed MOTION for Continuance of The Initial Pretrial Conference and Extension of Answer Date. by Condoleezza Rice, Celeste F., United States of America, filed. Motion Docket Date 5/27/2008. (Attachments: # 1 Proposed Order)(Benavides, Rene) (Entered: 05/06/2008)

1 Proposed Order

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May 6, 2008 PACER

ORAL ORDER cancelling hearing set for Wednesday, 5/7/2008 until further notice. Order resetting is forthcoming. (Judge Randy Crane) Parties notified.(lcervantes)

May 6, 2008 PACER
23

ORDER granting 22 Unopposed MOTION for Continuance of The Initial Pretrial Conference and Extension of Answer Date. (Initial Pretrial Conference reset for 8/6/2008 at 09:30 AM before Judge Randy Crane; answer due 7/25/08).(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 05/07/2008)

May 7, 2008 PACER
24

Sealed Event, filed. (Entered: 05/16/2008)

May 16, 2008 PACER
25

Sealed Event, filed. (Entered: 06/20/2008)

June 20, 2008 PACER
26

Sealed Event, filed. (Entered: 06/23/2008)

June 23, 2008 PACER
27

MOTION for Peter Bryce to Appear Pro Hac Vice by Condoleezza Rice, United States of America, filed. Motion Docket Date 7/14/2008. (Bryce, Peter) (Entered: 06/24/2008)

June 24, 2008 PACER
28

Joint MOTION for Extension of Time to File Response and Stay Briefing by Condoleezza Rice, Celeste F., United States of America, filed. Motion Docket Date 7/14/2008. (Attachments: # 1 Proposed Order)(Benavides, Rene) (Entered: 06/24/2008)

1 Proposed Order

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June 24, 2008 PACER
29

ORDER granting 27 Motion for Peter Bryce to Appear Pro Hac Vice.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 06/25/2008)

June 25, 2008 PACER
30

MOTION for Lisa Luis to Appear Pro Hac Vice by Condoleezza Rice, Celeste F., United States of America, filed. Motion Docket Date 7/16/2008. (Luis, Lisa) (Entered: 06/26/2008)

June 26, 2008 PACER
31

ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME AND TO STAY BRIEFING SCHEDULE granting 28 Joint Motion for Extension of Time. Defendant's Answer shall be filed on or before 9/25/08. Further, it is Ordered the Initial Pretrial Conference currently sheduled for 08/06/08 is reset to 10/8/2008 at 09:30 AM before Judge Randy Crane. Finally, it is Ordered that further briefing on any Motion to Intervene filed in this matter be stayed until further order of the Court. Any response will be due no later than twenty (20) days after the entry of an order lifting the stay. (Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 07/29/2008)

July 28, 2008 PACER
32

Opposed MOTION to Amend 10 Amended Complaint/Counterclaim/Crossclaim etc., by Florencio Gonzalez, Jr., Elvia Elissetche, Arturo Garcia, Sr., Sofia Elizabeth Lopez, Jessica Gonzalez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, filed. Motion Docket Date 9/29/2008. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Proposed Order)(Brodyaga, Elisabeth) (Entered: 09/09/2008)

1 Exhibit 1

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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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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Proposed Order

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Sept. 9, 2008 PACER
33

Sealed Event, filed. (With attachments) (Entered: 09/09/2008)

Sept. 9, 2008 PACER
34

Opposed MOTION for Extension of Time Answer or Otherwise Respond, Opposed MOTION for Continuance of Initial Pretrial Conference( Motion Docket Date 10/6/2008.) by Condoleezza Rice, United States of America, filed. (Attachments: # 1 Proposed Order)(Bryce, Peter) (Entered: 09/16/2008)

1 Proposed Order

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Sept. 16, 2008 PACER
35

ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND DEFENDANTS' EMERGENCY MOTION TO EXTEND TIME TO ANSWER granting 32 Opposed MOTION for leave to Amend Complaint/Counterclaim/Crossclaim etc., granting 34 Opposed MOTION for Extension of Time Answer of other response to Second Amended Complaint to be extended to 10/15/2008.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 09/16/2008)

Sept. 16, 2008 PACER
36

Second AMENDED Class Action Complaint against Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America filed by Juan Aranda, Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, J.S., Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(mzamarripa, ) (Entered: 09/17/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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Sept. 16, 2008 PACER
37

NOTICE OF RESCHEDULING OF INITIAL PRETRIAL CONFERENCE ( Initial Conference reset for 12/3/2008 at 09:30 AM before Judge Randy Crane).(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 09/17/2008)

Sept. 16, 2008 PACER
38

MOTION for Elizabeth J. Stevens to Appear Pro Hac Vice by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America, filed. Motion Docket Date 10/7/2008. (Stevens, Elizabeth) (Entered: 09/17/2008)

Sept. 17, 2008 PACER
39

MOTION for Adam Levin, and Melissa Henke to Appear Pro Hac Vice by Juan Aranda, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed. Motion Docket Date 10/7/2008. (Brodyaga, Elisabeth) (Entered: 09/17/2008)

Sept. 17, 2008 PACER
40

CERTIFICATE OF SERVICE of 36 Amended Complaint/Counterclaim/Crossclaim etc.,, by Juan Aranda, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed.(Brodyaga, Elisabeth) (Entered: 09/25/2008)

Sept. 25, 2008 PACER
41

MOTION for Robin L. Goldfaden to Appear Pro Hac Vice by Juan Aranda, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed. Motion Docket Date 10/20/2008. (Brodyaga, Elisabeth) (Entered: 09/28/2008)

Sept. 28, 2008 PACER
42

MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America, filed. Motion Docket Date 11/4/2008. (Attachments: # 1 Proposed Order)(Stevens, Elizabeth) (Entered: 10/15/2008)

1 Proposed Order

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Oct. 15, 2008 PACER
43

ANSWER to 36 Amended Complaint/Counterclaim/Crossclaim etc.,, by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America, filed.(Stevens, Elizabeth) (Entered: 10/15/2008)

Oct. 15, 2008 RECAP
44

MOTION for Jonathan M. Rolbin to Appear Pro Hac Vice by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, Celeste F., United States of America, filed. Motion Docket Date 11/5/2008. (mzamarripa, ) (Entered: 10/21/2008)

Oct. 16, 2008 PACER
45

RESPONSE in Opposition to 42 MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever, filed by Juan Aranda, J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 11/04/2008)

1 Proposed Order

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Nov. 4, 2008 PACER
46

STIPULATION of Dismissal of Petitioner Arturo Garcia by Arturo Garcia, Sr., filed.(Brodyaga, Elisabeth) (Entered: 11/05/2008)

Nov. 5, 2008 PACER
47

Unopposed MOTION for Extension of Time To Reply to Plaintiff's Opposition to Defendants' Partial Motion to Dismiss by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America, filed. Motion Docket Date 11/28/2008. (Attachments: # 1 Proposed Order)(Luis, Lisa) (Entered: 11/07/2008)

1 Proposed Order

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Nov. 7, 2008 PACER
48

ORDER granting 47 Motion for Extension of Time. Defendants shall have until 11/17/2008 in which to file a reply brief.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 11/12/2008)

Nov. 10, 2008 PACER
49

REPLY in Support of 42 MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever, filed by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America. (Stevens, Elizabeth) (Entered: 11/17/2008)

Nov. 17, 2008 PACER
50

MOTION for Vanita Gupta to Appear Pro Hac Vice by Juan Aranda, J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed. Motion Docket Date 12/15/2008. (Brodyaga, Elisabeth) (Entered: 11/25/2008)

Nov. 25, 2008 PACER
51

REPORT of Rule 26(f) Planning Meeting by Juan Aranda, Patrick F. Kennedy, Maura Harty, Ann Barrett, J.S., Florencio Gonzalez, Jr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, Condoleezza Rice, United States of America, David Hernandez, filed.(Brodyaga, Elisabeth) (Entered: 11/26/2008)

Nov. 26, 2008 PACER
52

Unopposed MOTION for Leave to File Sur-reply to Motion to Dismiss by Juan Aranda, J.S., Florencio Gonzalez, Jr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed. Motion Docket Date 12/16/2008. (Attachments: # 1 Exhibit Sur-reply, # 2 Proposed Order)(Brodyaga, Elisabeth) (Entered: 11/26/2008)

1 Exhibit Sur-reply

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2 Proposed Order

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Nov. 26, 2008 PACER
53

SCHEDULING ORDER. Amended Pleadings due by 3/6/2009 Joinder of Parties due by 3/6/2009 Pltf Expert Report due by 5/8/2009 Deft Expert Report due by 5/29/2009 Discovery due by 6/12/2009 Dispositive Motion Filing due by 6/19/2009 Non-Dispositive Motion Filing due by 6/19/2009 Joint Pretrial Order due by 7/27/2009 Pretrial Conference set for 8/3/2009 at 09:30 AM before Judge Randy Crane Jury Selection set for 8/4/2009 at 09:30AM before Judge Randy Crane Motion Hearing set for 7/17/2009 at 09:30 AM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 12/03/2008)

Dec. 3, 2008 PACER

Minute Entry for proceedings held before Judge Randy Crane. Initial PRETRIAL and SCHEDULING CONFERENCE held on 12/3/2008. The Court announced that it had earlier today granted several motions to appear pro hac vice. The Court confirmed that this a unique litigation and is not parallel to other litigation in any other court and further addressed counsel re: request to certify class, June 1st deadline; and the issue of discovery, schedule and time tables. The Court issued a scheduling order setting trial in August 2009, copy tendered to counsel. Appearances: E. Lisa S. Brodyaga, Robin Goldfaden, David Weiner; Jonathan M. Rolbin. (ERO:Richard Cortez [10:05-10:22]), filed.(lcervantes)

Dec. 3, 2008 PACER
54

ORDER granting 50 Motion for Vanita Gupta to Appear Pro Hac Vice for all Plaintiffs.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 12/05/2008)

Dec. 3, 2008 PACER
55

ORDER granting 44 Motion for Jonathan M. Rolbin to Appear Pro Hac Vice for all defendants.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 12/08/2008)

Dec. 3, 2008 PACER
56

ORDER granting 41 Motion for Robin L. Goldfaden to Appear Pro Hac Vice for all Plaintiffs.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 12/08/2008)

Dec. 3, 2008 PACER
57

NOTICE of Supplemental Authority in Support of Defendants' Motion to Dismiss for Failure to State Claim and Motion to Sever re: 42 MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America, filed. (Attachments: # 1 Perales v. Casillas)(Rodriguez, Victor) (Entered: 12/08/2008)

1 Perales v. Casillas

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Dec. 8, 2008 PACER
58

ORDER granting 52 Motion for Leave to File Sur-Reply in Further Opposition to Defendant's Partial Motion to Dismiss.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 12/09/2008)

Dec. 9, 2008 PACER
59

SURREPLY to 42 MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever filed by Juan Aranda, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez. (mzamarripa, ) (Entered: 12/09/2008)

Dec. 9, 2008 PACER
60

RESPONSE to 57 Notice (Other), Notice (Other), Notice (Other) Defendants' Notice of Supplemental Authority in Support of Partial Motion to Dismiss and Motion to Sever, filed by Amalia Ramirez Castelano. (Henke, Melissa) (Entered: 12/16/2008)

Dec. 16, 2008 PACER
61

ORDER granting 30 Motion for Lisa Luis to Appear Pro Hac Vice.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 12/29/2008)

Dec. 29, 2008 PACER
62

ORDER granting 38 Motion for Elizabeth J Stevens to Appear Pro Hac Vice.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 12/29/2008)

Dec. 29, 2008 PACER
63

ORDER granting 39 Motion for Adam K. Levin to Appear Pro Hac Vice for Plaintiffs.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 01/06/2009)

Jan. 6, 2009 PACER
64

ORDER granting 39 Motion for Adam K. Levin, Melissa N. Henke, Robert B. Wolinsky and David Weiner to Appear Pro Hac Vice for Plaintiffs. (Mr. Levin had been previously been granted leave to appear on 1/06/09 per order DE#63)(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 01/07/2009)

Jan. 7, 2009 PACER
65

MOTION for Thomas J. Widor to Appear Pro Hac Vice by Juan Aranda, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed. Motion Docket Date 2/4/2009. (Levin, Adam) (Entered: 01/15/2009)

Jan. 15, 2009 PACER
66

ORDER granting 65 Motion for Thomas Widor to Appear Pro Hac Vice for Plaintiffs.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 01/22/2009)

Jan. 15, 2009 PACER
67

STIPULATION of Dismissal of Plaintiff-Petitioner Miriam Sujee Gonzalez by Miriam Sujee Gonzalez, filed.(Levin, Adam) (Entered: 01/30/2009)

Jan. 30, 2009 PACER
68

STIPULATION of Dismissal Voluntary Dismissal of Plaintiff-Petitioner Juan Luis Flores by Juan Aranda, Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed.(Widor, Thomas) (Entered: 02/27/2009)

Feb. 27, 2009 PACER
69

STIPULATION of Dismissal Voluntary Dismissal of Juan Aranda by Juan Aranda, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed.(Widor, Thomas) (Entered: 02/27/2009)

Feb. 27, 2009 PACER
70

STIPULATION of Dismissal Voluntary Dismissal of Plaintiff-Petitioner David Hernandez by Juan Aranda, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed.(Widor, Thomas) (Entered: 02/27/2009)

Feb. 27, 2009 PACER
71

STIPULATION re: Protective Order by Juan Aranda, Patrick F. Kennedy, Maura Harty, Ann Barrett, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, Condoleezza Rice, United States of America, David Hernandez, filed.(Widor, Thomas) (Entered: 02/27/2009)

Feb. 27, 2009 PACER
72

ORDER GRANTING PLAINTIFFS' STIPULATIONS granting 69 Stipulation of Dismissal, 67 Stipulation of Dismissal, 70 Stipulation of Dismissal, 68 Stipulation of Dismissal. Miriam Sujee Gonzalez; David Hernandez; Juan Aranda and Juan Luis Flores terminated.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 03/03/2009)

March 2, 2009 PACER
73

Opposed MOTION for Leave to File Plaintiffs' Third Amended and Supplemental Class Action Complaint and Petition for Declaratory, Injunctive, and Mandamus Relief by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Rocio Flores, filed. Motion Docket Date 3/26/2009. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Proposed Order)(Widor, Thomas) (Entered: 03/06/2009)

1 Exhibit 1

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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 Proposed Order

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March 6, 2009 PACER
74

Sealed Event, filed. (With attachments) (Entered: 03/06/2009)

March 6, 2009 PACER
75

NOTICE OF FILING ADMINISTRATIVE RECORD (UNDER SEAL) by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America, filed. (Rolbin, Jonathan) (Entered: 03/09/2009)

March 9, 2009 PACER
76

Sealed Event, filed. (With attachments) (Entered: 03/09/2009)

March 9, 2009 PACER
77

Joint MOTION for Extension of Time to File Responses to Plaintiffs' Opposed Motion for Leave to File Third Amended and Supplemental Class Action Complaint and Petition for Declaratory, Injunctive, and Mandamus Relief by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Rocio Flores, filed. Motion Docket Date 4/13/2009. (Attachments: # 1 Proposed Order)(Widor, Thomas) (Entered: 03/23/2009)

1 Proposed Order

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March 23, 2009 PACER
78

ORDER granting 77 Motion for Extension of Time.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 03/27/2009)

March 27, 2009 PACER
79

Joint MOTION for Extension of Time for Additional Time to File Responses to Plaintiffs' Opposed Motion for Leave to File Third Amended and Supplemental Class Action Complaint and Petition for Declaratory, Injunctive, and Mandamus Relief by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Rocio Flores, filed. Motion Docket Date 4/21/2009. (Attachments: # 1 Proposed Order)(Widor, Thomas) (Entered: 04/01/2009)

1 Proposed Order

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April 1, 2009 PACER
80

ORDER granting 79 Motion for Extension of Time to File Third Amended and Supplemental Class Action Complaint. Defendants shall have until 4/29/09 to file their response and Plaintiffs shall have until 5/6/2009 to file their reply.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 04/07/2009)

April 7, 2009 PACER
81

Sealed Event, filed. (Entered: 04/17/2009)

April 17, 2009 PACER
82

Joint MOTION for Extension of Time to File Responses to Plaintiffs' Opposed Motion for Leave to File Third Amended and Supplemental Class Action Complaint and Petition for Declaratory, Injunctive, and Mandamus Relief and Motion to Amend the Rule 16 Scheduling Order by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Rocio Flores, filed. Motion Docket Date 5/18/2009. (Attachments: # 1 Proposed Order)(Widor, Thomas) (Entered: 04/27/2009)

1 Proposed Order

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April 27, 2009 PACER
83

AMENDED SCHEDULING ORDER granting 82 Joint MOTION for Extension of Time to File Responses to Plaintiffs' Opposed Motion for Leave to File Third Amended and Supplemental Class Action Complaint and Petition for Declaratory, Injunctive, and Mandamus Relief and Motion to Amend the Rule 16. ( Amended Pleadings due by 4/3/2009, Joinder of Parties due by 4/3/2009, Pltf Expert Report due by 6/12/2009, Deft Expert Report due by 7/3/2009, Discovery due by 7/17/2009, Dispositive Motion Filing due by 7/24/2009, Non-Dispositive Motion Filing due by 7/24/2009, Joint Pretrial Order due by 8/31/2009, Pretrial Conference set for 9/8/2009 at 09:30 AM before Judge Randy Crane, Jury Selection set for 9/9/2009 at 09:30AM before Judge Randy Crane, Motion Hearing set for 8/21/2009 at 09:30 AM before Judge Randy Crane).(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 04/29/2009)

April 29, 2009 PACER
84

STIPULATION re: Dismissal of Rocio Flores by Patrick F. Kennedy, Maura Harty, J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Rocio Flores, Condoleezza Rice, United States of America, filed.(Brodyaga, Elisabeth) (Entered: 05/15/2009)

May 15, 2009 PACER
85

Sealed Event, filed. (Entered: 05/15/2009)

May 15, 2009 PACER
86

Unopposed MOTION to Withdraw 73 Opposed MOTION for Leave to File Plaintiffs' Third Amended and Supplemental Class Action Complaint and Petition for Declaratory, Injunctive, and Mandamus Relief by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, filed. Motion Docket Date 6/22/2009. (Attachments: # 1 Proposed Order)(Widor, Thomas) (Entered: 06/01/2009)

1 Proposed Order

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June 1, 2009 PACER
87

ORDER granting 86 Motion to Withdraw; withdrawing 73 Opposed MOTION for Leave to File Plaintiffs' Third Amended and Supplemental Class Action Complaint and Petition for Declaratory, Injunctive, and Mandamus Relief.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 06/11/2009)

June 11, 2009 PACER
88

Unopposed MOTION to Sever Individual 1503 Claims by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, filed. Motion Docket Date 7/2/2009. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 06/12/2009)

1 Proposed Order

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June 12, 2009 PACER
89

Joint EMERGENCY MOTION( Motion Docket Date 7/16/2009.), Joint MOTION Preliminary Approval of the Class Action Settlement Agreement and Expedited Fairness Hearing and Motion for Class Certification for Settlement Purposes Only by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, filed. (Attachments: # 1 Exhibit 1, # 2 Proposed Order, # 3 Proposed Order)(Widor, Thomas) (Entered: 06/26/2009)

1 Exhibit 1

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2 Proposed Order

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3 Proposed Order

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June 26, 2009 PACER
90

NOTICE of Setting as to 89 Joint EMERGENCY MOTIONJoint MOTION Preliminary Approval of the Class Action Settlement Agreement and Expedited Fairness Hearing and Motion for Class Certification for Settlement Purposes Only. Parties notified. Motion Hearing set for Wednesday, 07/01/2009 at 03:30 PM before Judge Randy Crane, filed. (lcervantes) (Entered: 06/29/2009)

June 29, 2009 PACER

Minute Entry for proceedings held before Judge Randy Crane. MOTION HEARING held on 7/1/2009. Appearances: Elisabeth Lisa S. Brodyaga/Thomas Widor; Elizabeth J. Stevens.(ERO:Richard Cortez [3:39-4:15]), filed.(lcervantes)

July 1, 2009 PACER
91

ORDER GRANTING UNOPPOSED MOTION TO SEVER PLAINTIFFS' 8 U.S.C. ยง1503(a) CLAIMS granting 88 Motion to Sever. Civil Action No. M-09-177 has been opened)(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 07/06/2009)

July 2, 2009 PACER
92

Unopposed MOTION for Approval of Attorneys' Fees and Expenses Pursuant to the Terms of the Stipulation and Agreement by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, filed. Motion Docket Date 7/27/2009. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Widor, Thomas) (Entered: 07/06/2009)

1 Exhibit 1

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2 Proposed Order

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July 6, 2009 PACER
93

ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT granting 89 Motion for Emergency.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 07/07/2009)

July 7, 2009 PACER
94

NOTICE of Withdrawal of Counsel by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, filed. (Widor, Thomas) (Entered: 07/16/2009)

July 16, 2009 PACER
95

Letter (SEALED EVENT), filed. (With attachments) Modified on 8/10/2009 (bgarces, ). (Additional attachment(s) added on 8/10/2009: # 2 Letter, # 3 Sealed Attachments) (bgarces, ). (Entered: 08/03/2009)

Aug. 3, 2009 PACER
96

OBJECTION to the Notice of Proposed Settlement Agreement and Hearing in a Class Action, filed by Jose Santos Araujo, pro se. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment / letter)(mzamarripa, ) (Entered: 08/11/2009)

1 Attachment

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2 Attachment

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3 Attachment / letter

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Aug. 7, 2009 PACER

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 6, 2008

Closing Date: Aug. 14, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A nationwide class, challenging Defendants’ practice of filing passport applications “without further action,” rather than adjudicating them on the merits, and, if denied, failing to give reasoned explanations for the denial of such applications.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. State Department, Federal

Case Details

Causes of Action:

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

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

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

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Right to travel

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

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

Amount Defendant Pays: 150,000

Order Duration: 2009 - 2012

Issues

General:

Classification / placement

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

National origin discrimination

Race discrimination

Immigration/Border:

Constitutional rights

U.S. citizenship - acquiring