Civil Rights Litigation Clearinghouse

Case: A.B.T. v. U.S. Citizenship and Immigration Services

2:11-cv-02108 | U.S. District Court for the Western District of Washington

Filed Date: Dec. 15, 2011

Closed Date: Nov. 4, 2019

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Case Summary

On December 15, 2011, five asylum seekers filed this class-action lawsuit in the U.S. District Court for the Western District of Washington. The complaint challenged the practices of the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR). While awaiting determination on their asylum applications, asylum seekers could not legally work and support themselves. As a result, those asylum seekers still awaiting a decision after 180 days could obtain Employment Authorization Documents. However, the defendants' control of the time-calculation lacked transparency, according to the plaintiffs, and denied them of notice or opportunity to challenge the time calculations. This effectively denied them work authorization. The complaint claimed violations of the U.S. Constitution, the Immigration and Nationality Act (INA), the governing regulations, and the Administrative Procedure Act (APA). The plaintiffs sought class and subclass certification, declaratory and permanent injunctive relief, and attorneys' fees and costs. The case was assigned to Judge Richard Jones.

On June 5, 2012, plaintiffs submitted an amended complaint with a different list of ten asylum-seekers (all non-citizens living in different cities in the US).

The parties began mediation proceedings in July 2012. Extended settlement discussions ensued, and on April 12, 2013, the parties submitted a comprehensive settlement agreement that included a stipulation of class certification.

On April 17, 2013, the court granted parties' joint motion for class certification, establishing a 'general notice and review' class of individuals that met the following criteria:

1) all non-citizens in the US who have filed or will file a complete asylum application

2) which has neither been approved nor subjected to a denial for which no rights of review or appeal remain

3) whose applications for employment authorization based on their status as asylum applications had been or will be denied

4) whose eligibility for employment authorization based on pending asylum application will be determined in a manner alleged to provide insufficient notice/opportunity for review, and

5) who fall in one or more of the designated subclasses:

hearing

prolonged tolling

missed asylum interview,

remand

On May 8, 2013, the court preliminarily approved the parties' settlement agreement; and on November 4, 2013, it approved the final settlement and granted class counsel's attorneys' fees. The court also granted defendants' motion for an extension of the implementation date due to the government shutdown. 2013 WL 5913323.

Under the settlement:

An applicant would be able to "lodge" an asylum application with an immigration court clerk at a time other than a hearing. The "lodged" date started the asylum EAD clock. (The asylum application still needed to be "filed" in a hearing before an Immigration Judge [IJ].)

IJs had to offer each non-detained asylum applicant whose case was on the expedited docket a hearing date at least 45 days out. If the applicant accepted that hearing date, the asylum EAD clock continued to run during the period before the hearing.

If the IJ had denied an application, but the Board of Immigration Appeals remanded a case to the IJ for reconsideration, the asylum clock would restart on the date of the remand, and would credit the number of days that the case was pending on appeal since the IJ denial.

Instead of definitively stopping the clock when an applicant missed a meeting, USCIS would mail a letter to asylum applicants who missed an asylum interview informing them of how missing an interview affects work authorization eligibility, and giving them 45 days to show good cause for having missed the interview.

When there was a preliminary hearing, the Immigration Court would provide written notice to asylum seekers and their counsel about the asylum clock, including the impact of the different hearing adjournment codes on employment authorization. IJs were instructed to state clearly on the record the reason for adjournment. USCIS considered ways to make its letters denying EAD applications clearer and made changes to these letters.

On December 18, 2014, Defendant Executive Office for Immigration Review submitted a report to the court regarding its order granting final approval of the class action settlement. The last activity on the docket was on April 21, 2017, when an individual filed notice to the court regarding status as a member of the class. Otherwise, as of October 2018 the case is closed.

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Summary Authors

Jennifer Bronson (10/24/2013)

Esther Vinarov (10/19/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5124093/parties/abt-v-us-citizenship-and-immigration-services/

Judge(s)

Jones, Richard A. (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Creighton, Emily J. (District of Columbia)

Crow, Melissa E. (District of Columbia)

Gibbs, Robert H. (Washington)

Gomez, Iris (Massachusetts)

Kenney, Mary (District of Columbia)

Pauw, Robert (Washington)

Strawn, Christopher (Washington)

Theriot-Orr, Devin T. (Washington)

Judge(s)

Jones, Richard A. (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Creighton, Emily J. (District of Columbia)

Crow, Melissa E. (District of Columbia)

Gibbs, Robert H. (Washington)

Gomez, Iris (Massachusetts)

Kenney, Mary (District of Columbia)

Pauw, Robert (Washington)

Strawn, Christopher (Washington)

Theriot-Orr, Devin T. (Washington)

Attorneys(s) for Defendant

Chan, Priscilla To-Yin (Washington)

Delery, Stuart F. (District of Columbia)

Durkan, Jenny A (Washington)

Kisor, Colin A. (District of Columbia)

Kline, David J. (District of Columbia)

Weintraub, J. Max (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER] A.B.T. v. U.S. Citizen and Immigration Services	April 21, 2017	Docket
1	Complaint for Injunctive and Declaratory Relief - Class Action	Dec. 15, 2011	Complaint
34	First Amended Complaint for Injunctive and Declaratory Relief - Class Action B.H. v. U.S. Citizenship and Immigration Services	June 5, 2012	Complaint
40	Order Granting Plaintiff's Motion for a Protective Order A.B.T. v. USCIS 2012 WL 2995064	July 20, 2012	Order/Opinion
54	Order Granting Joint Motion for Class Certification B.H., M.A., A.S.D., M.F., H.L., L.M.M.M., B.M., G.K., L.K.G., and D.W. v. U.S. Citizenship and Immigration Services	April 17, 2013	Order/Opinion
60-1	Settlement Agreement B.H. v. U.S. Citizenship and Immigration Services	May 6, 2013	Settlement Agreement
61	Order B.H. v. U.S. Citizenship and Immigration Services	May 8, 2013	Order/Opinion
76	Order Approving Class Action Settlement	Nov. 4, 2013	Order/Opinion
75	Order 2013 WL 5913323	Nov. 4, 2013	Order/Opinion
	Frequently Asked Questions About the Asylum Clock Class Action Settlements A.B.T. v. USCIS No Court	None	Press Release

Resources

Title	Description		External URL
Refuge from Time: How the One-Year Filing Deadline Unfairly Frustrates Asylum Claims Roy Xiao	Part I further describes Alex's case and addresses how similarly situated applicants can fall through the cracks of the asylum process. Part II provides an overview of United States asylum law and th…	Jan. 1, 2017	https://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=4894&context=nclr

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5124093/abt-v-us-citizenship-and-immigration-services/

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

ECF Number	Description	Date	Link
1	COMPLAINT against defendant(s) All Defendants (Receipt # 0981-2654970), filed by K.M.-W., L.K.G., D.W., A.B.T., G.K.. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet attachment to civil cover sheet, # 3 Summons AG, # 4 Summons AUSA, # 5 Summons DHS, # 6 Summons EOIR)(Adams, Matt) (Entered: 12/15/2011)	Dec. 15, 2011	PACER
2	NOTICE of Appearance by attorney Devin T Theriot-Orr on behalf of Plaintiffs A.B.T., D.W., G.K., K.M.-W., L.K.G.. (Theriot-Orr, Devin) (Entered: 12/16/2011)	Dec. 16, 2011	PACER
	Judge Richard A. Jones added. (DJ)	Dec. 16, 2011	PACER
3	Summons(es) electronically issued as to defendant(s) Executive Office for Immigration Review, Eric Holder, Jr., Alejandro Mayorkas, Janet Napolitano, Juan Osuna, U.S. Citizenship and Immigration Services. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(DJ) (Entered: 12/16/2011)	Dec. 16, 2011	PACER
4	APPLICATION OF ATTORNEY Iris Gomez FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs A.B.T., D.W., G.K., K.M.-W., L.K.G. (Fee Paid) Receipt No. 0981-2657430. (Adams, Matt) (Entered: 12/19/2011)	Dec. 19, 2011	PACER
5	APPLICATION OF ATTORNEY Melissa Crow FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs A.B.T., D.W., G.K., K.M.-W., L.K.G. (Fee Paid) Receipt No. 0981-2657458. (Adams, Matt) (Entered: 12/19/2011)	Dec. 19, 2011	PACER
6	APPLICATION OF ATTORNEY Mary Kenney FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs A.B.T., D.W., G.K., K.M.-W., L.K.G. (Fee Paid) Receipt No. 0981-2657474. (Adams, Matt) (Entered: 12/19/2011)	Dec. 19, 2011	PACER
7	APPLICATION OF ATTORNEY Emily Creighton FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs A.B.T., D.W., G.K., K.M.-W., L.K.G. (Fee Paid) Receipt No. 0981-2657490. (Adams, Matt) (Entered: 12/19/2011)	Dec. 19, 2011	PACER
8	ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Iris Gomez for A.B.T., D.W., G.K., K.M.-W., and for L.K.G., by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 12/19/2011)	Dec. 19, 2011	PACER
9	ORDER re 5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Melissa Crow for A.B.T., D.W., G.K., K.M.-W., and for L.K.G., by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 12/19/2011)	Dec. 19, 2011	PACER
10	ORDER re 6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Mary Kenney for A.B.T., D.W., G.K., K.M.-W., and for L.K.G., by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 12/19/2011)	Dec. 19, 2011	PACER
11	ORDER re 7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Emily Creighton for A.B.T., D.W., G.K., K.M.-W., and for L.K.G., by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 12/19/2011)	Dec. 19, 2011	PACER
12	MOTION for Protective Order for Redaction of Their Names Except for First Initials by Plaintiffs A.B.T., D.W., G.K., K.M.-W., L.K.G.. (Attachments: # 1 Proposed Order) Noting Date 1/13/2012, (Adams, Matt) (Entered: 12/20/2011)	Dec. 20, 2011	PACER
13	MOTION to Certify Class by Plaintiffs A.B.T., D.W., G.K., K.M.-W., L.K.G.. Oral Argument Requested. (Attachments: # 1 Exhibit Exhibit List and Exhibits 1 and 15, # 2 Exhibit Exhibit 2, # 3 Errata Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 16, # 16 Exhibit Exhibit 17, # 17 Exhibit Exhibit 18, # 18 Exhibit Exhibit 19, # 19 Exhibit Exhibit 20, # 20 Exhibit Exhibit 21, # 21 Exhibit Exhibit 22, # 22 Exhibit Exhibit 23, # 23 Exhibit Exhibit 24, # 24 Exhibit Exhibit 25, # 25 Exhibit Exhibit 26, # 26 Exhibit Exhibit 27, # 27 Exhibit Exhibit 28, # 28 Proposed Order) Noting Date 1/13/2012, (Adams, Matt) (Entered: 12/20/2011)	Dec. 20, 2011	PACER
14	NOTICE of Appearance by attorney J. Max Weintraub on behalf of Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan Osuna, U.S. Citizenship and Immigration Services. (Weintraub, J.) (Entered: 01/05/2012)	Jan. 5, 2012	PACER
15	STIPULATION AND PROPOSED ORDER EXTENDING DEADLINES AND NOTING DATES by parties. (Weintraub, J.) (Entered: 01/06/2012)	Jan. 6, 2012	PACER
16	ORDER EXTENDING DEADLINES AND NOTING DATES, by Judge Richard A Jones. Defendants' deadline to respond to Plaintiffs' Complaint and file an Administrative Record is hereby extended until March 14, 2012. The Court RENOTES for February 24, 2012 Plaintiffs' Motion 12 for a Protective Order for Redaction of Their Names Except for First Initials and 13 Motion to Certify Class. (CL) (Entered: 01/10/2012)	Jan. 10, 2012	PACER
17	ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. FRCP 26f Conference Deadline is 2/24/2012, Initial Disclosure Deadline is 3/2/2012, Joint Status Report due by 3/9/2012, by Judge Richard A. Jones. (VE) (Entered: 01/25/2012)	Jan. 25, 2012	PACER
18	Stipulated MOTION EXTENDING DEADLINES by Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan Osuna, U.S. Citizenship and Immigration Services. Noting Date 3/23/2012, (Weintraub, J.) (Entered: 02/14/2012)	Feb. 14, 2012	PACER
19	STIPULATION by parties. (Strawn, Christopher) (Entered: 02/21/2012)	Feb. 21, 2012	PACER
20	ORDER granting 18 Stipulated Motion extending deadlines and noting dates; 12 MOTION for Protective Order for Redaction of Their Names Except for First Initials, and 13 MOTION to Certify Class : are renoted for 3/23/2012; response due 3/12/12; reply due on noting date by Judge Richard A Jones.(RS) (Entered: 02/21/2012)	Feb. 21, 2012	PACER
	Reset Deadlines -- By agreement of the parties, the following deadlines are reset: Initial Disclosure Deadline is 4/6/2012, Joint Status Report due by 4/13/2012. (VE)	Feb. 23, 2012	PACER
21	Stipulated MOTION to Extend Deadlines by Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan Osuna, U.S. Citizenship and Immigration Services. (Weintraub, J.) (Entered: 03/09/2012)	March 9, 2012	PACER
	***Motion terminated: 21 Stipulated motion is GRANTED. Defendants' deadline to respond to Plaintiffs' Complaint and file an Administrative Record is extended until May 14, 2012. (SS)	March 9, 2012	PACER
22	RESPONSE, by Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan Osuna, U.S. Citizenship and Immigration Services, to 12 MOTION for Protective Order for Redaction of Their Names Except for First Initials. (Weintraub, J.) (Entered: 03/12/2012)	March 12, 2012	PACER
23	RESPONSE, by Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan Osuna, U.S. Citizenship and Immigration Services, to 13 MOTION to Certify Class. (Weintraub, J.) (Entered: 03/12/2012)	March 12, 2012	PACER
24	Stipulated MOTION to extend deadline and re-note Plaintiffs' motion for a protective order to redact names (Dkt. No. 12) for April 2, 2012 by Plaintiffs A.B.T., D.W., G.K., K.M.-W., L.K.G.. (Attachments: # 1 Proposed Order) Noting Date 3/21/2012, (Strawn, Christopher) (Entered: 03/21/2012)	March 21, 2012	PACER
25	REPLY, filed by Plaintiffs A.B.T., D.W., G.K., K.M.-W., L.K.G., TO RESPONSE to 13 MOTION to Certify Class (Strawn, Christopher) (Entered: 03/23/2012)	March 23, 2012	PACER
26	ORDER by Judge Richard A Jones. Plaintiffs' Motion for a Protective Order for Redaction of Their Names Except for First Initials (ECF No. 12 ) is re-noted for April 2, 2012, with Plaintiffs' reply due on the noting date. (CL) (Entered: 03/23/2012)	March 23, 2012	PACER
27	REPLY, filed by Plaintiffs A.B.T., D.W., G.K., K.M.-W., L.K.G., TO RESPONSE to 12 MOTION for Protective Order for Redaction of Their Names Except for First Initials (Attachments: # 1 Exhibit Exh. 1 - ABT decl., redacted, # 2 Exhibit Exh. 2 - LKG decl., redacted, # 3 Exhibit Exh. 3 - GK decl., redacted, # 4 Exhibit Exh. 4 - DW statement in support of asylum application, redacted, # 5 Exhibit Exh. 5 - Cooper memo, # 6 Exhibit Exh. 6 - Asylum officer training course, excerpts, # 7 Exhibit Exh. 7 - Imm. Ct. practice manual, excerpt, # 8 Exhibit Exh. 8 - Langlois memo, # 9 Exhibit Exh. 9 - USDOS Report Eritrea 2010, excerpts, # 10 Exhibit Exh. 10 - UNHCR Eritrea guidelines, excerpts, # 11 Exhibit Exh. 11 - UK Eritrea COI, excerpts, # 12 Exhibit Exh. 12 - HRW Eritrea, # 13 Exhibit Exh. 13 - AI China report, # 14 Exhibit Exh. 14 - BIA practice manual, excerpts)(Strawn, Christopher) (Entered: 04/02/2012)	April 2, 2012	PACER
28	ERRATA re 27 Reply to Response to Motion,,, Corrected Exh. 11 - UK Eritrea COI, excerpt version by Plaintiffs A.B.T., D.W., G.K., K.M.-W., L.K.G.. (Strawn, Christopher) (Entered: 04/03/2012)	April 3, 2012	PACER
29	ERRATA re 27 Reply to Response to Motion,,, List of Exhibits by Plaintiffs A.B.T., D.W., G.K., K.M.-W., L.K.G.. (Strawn, Christopher) (Entered: 04/03/2012)	April 3, 2012	PACER
30	JOINT STATUS REPORT signed by all parties estimated Trial Days: 1/uncertain.. (Strawn, Christopher) (Entered: 04/13/2012)	April 13, 2012	PACER
31	JOINT MOTION FOR PRO BONO MEDIATION filed by Plaintiffs A.B.T., D.W., G.K., K.M.-W., L.K.G., and Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan Osuna, U.S. Citizenship and Immigration Services. Noting Date 4/19/2012. (CL) (Entered: 04/19/2012)	April 19, 2012	PACER
32	STIPULATION TO EXTEND DEADLINE by parties. (Kenney, Mary) (Entered: 05/08/2012)	May 8, 2012	PACER
	The parties' stipulation (Dkt. # 32) is GRANTED. Defendant shall file an answer within 14 days of plaintiffs' filing of the First Amended Complaint.(SS)	May 8, 2012	PACER
33	AFFIDAVIT of Mailing of Summons and Complaint to All Defendants on 12/16/2011, filed by Plaintiffs A.B.T., D.W., G.K., K.M.-W., L.K.G.. (Theriot-Orr, Devin) (Entered: 05/21/2012)	May 21, 2012	PACER
34	AMENDED COMPLAINT against defendant(s) All Defendants, filed by L.K.G., D.W., G.K., M.F., H.L., A.S.D., L.M.M.M., B.H., M.A., B.M..(Adams, Matt) (Entered: 06/05/2012)	June 5, 2012	PACER
35	NOTICE of Filing Administrative File (INS/ICE "A-File") in Paper or Physical Form with the Clerk's Office by Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan Osuna, U.S. Citizenship and Immigration Services. (Chan, Priscilla) (Entered: 06/19/2012)	June 19, 2012	PACER
36	ANSWER to 34 Amended Complaint by Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan Osuna, U.S. Citizenship and Immigration Services.(Weintraub, J.) (Entered: 06/19/2012)	June 19, 2012	PACER
37	SEALED ADMINISTRATIVE RECORD filed by Defendants.(CL) (Entered: 06/20/2012)	June 19, 2012	PACER
38	Stipulated MOTION to Stay Proceedings by Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan Osuna, U.S. Citizenship and Immigration Services. (Weintraub, J.) (Entered: 07/02/2012)	July 2, 2012	PACER
39	REPORT from Mediator Michael Reiss regarding partial success of mediation on June 26-27, 2012. (Reiss, Michael) (Entered: 07/03/2012)	July 3, 2012	PACER
	***Motion terminated: 31 Joint Motion for Pro Bono Mediation GRANTED. Michael Reiss was appointed as pro bono mediator. (SS)	July 18, 2012	PACER
40	ORDER by Judge Richard A Jones. The court GRANTS plaintiff's motion for a protective order. Dkt. # 12 . The court also GRANTS the parties' stipulated motion to stay proceedings. Dkt. # 38 . The clerk is ORDERED to terminate the pending motions. Dkt. # 13, 31 . The parties are ORDERED to file a status report no later than October 25, 2012 regarding the status of the case. (CL) (Entered: 07/23/2012)	July 20, 2012	RECAP
41	NOTICE from Mediator Michael Reiss, that on October 15-16, 2012, the parties participated in a mediation. (Reiss, Michael) (Entered: 10/25/2012)	Oct. 25, 2012	PACER
42	STIPULATION AND PROPOSED ORDER by parties re 41 Notice of Occurrence of Alternate Dispute Resolution. (Attachments: # 1 Proposed Order)(Adams, Matt) (Entered: 10/25/2012)	Oct. 25, 2012	PACER
43	ORDER by Judge Richard A Jones. The court extends the stay of proceedings through November 30, 2012. The parties are ORDERED to file a status report on or before November 30, 2012. (CL) (Entered: 11/06/2012)	Nov. 5, 2012	PACER
44	Joint MOTION to Stay proceedings by Plaintiffs B.H., B.M., D.W., G.K., H.L., K.M.-W., L.K.G., L.M.M.M., M.A., M.F.. (Attachments: # 1 Proposed Order granting stay) Noting Date 11/30/2012, (Strawn, Christopher) (Entered: 11/29/2012)	Nov. 29, 2012	PACER
45	ORDER granting 44 Stipulated Motion to Stay through 12/21/12 by Judge Richard A Jones.(RS) (Entered: 12/03/2012)	Dec. 3, 2012	PACER
46	Agreed MOTION to Stay Proceedings by Plaintiffs A.B.T., A.S.D., B.H., B.M., D.W., G.K., H.L., K.M.-W., L.K.G., L.M.M.M., M.A., M.F.. (Attachments: # 1 Proposed Order) Noting Date 1/25/2013, (Adams, Matt) (Entered: 12/21/2012)	Dec. 21, 2012	PACER
47	Stipulated MOTION to Extend the Stay of Proceedings by Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan Osuna, U.S. Citizenship and Immigration Services. (Attachments: # 1 Proposed Order) Noting Date 2/8/2013, (Weintraub, J.) (Entered: 01/18/2013)	Jan. 18, 2013	PACER
48	ORDER STAYING PROCEEDINGS by Judge Richard A Jones. All proceedings in this action are stayed until February 8, 2013. The Clerk is directed to terminate the stipulated motions to extend the stay. Dkt. ## 46, 47 . (CL) (Entered: 01/23/2013)	Jan. 23, 2013	PACER
49	STIPULATION AND PROPOSED ORDER Extending Stat by parties. (Attachments: # 1 Proposed Order)(Weintraub, J.) (Entered: 02/07/2013)	Feb. 7, 2013	PACER
50	ORDER by Judge Richard A Jones. This will be the court's final extension. The parties have until March 29, 2013 to file a notice of settlement and dismissal with the court. If the court does not receive a notice of settlement and dismissal by March 29, 2013, the Clerk will lift the stay and issue an amended case schedule. (CL) (Entered: 02/11/2013)	Feb. 11, 2013	RECAP
51	JOINT STATUS REPORT signed by all parties. (Weintraub, J.) (Entered: 03/29/2013)	March 29, 2013	PACER
52	Joint MOTION to Certify Class by Plaintiffs A.S.D., B.H., B.M., D.W., G.K., H.L., L.K.G., L.M.M.M., M.A., M.F.. (Attachments: # 1 Proposed Order) Noting Date 4/12/2013, (Strawn, Christopher) (Entered: 04/12/2013)	April 12, 2013	PACER
53	Joint MOTION for Order of Preliminary Approval of Settlement and Request for Fairness Hearing by Plaintiffs A.S.D., B.H., B.M., D.W., G.K., H.L., L.K.G., L.M.M.M., M.A., M.F.. (Attachments: # 1 Exhibit Exh. 1 - Settlement Agreement, # 2 Exhibit Exh. 1 A - Proposed Class Notice, # 3 Exhibit Exh. 1 B - Claim Form, # 4 Proposed Order) Noting Date 4/12/2013, (Strawn, Christopher) (Entered: 04/12/2013)	April 12, 2013	PACER
54	ORDER by Judge Richard A Jones. The court GRANTS the parties' 52 joint motion for class certification. (CL) (Entered: 04/17/2013)	April 17, 2013	RECAP
55	ORDER re 53 Joint MOTION for Order of Preliminary Approval by Judge Richard A Jones. (CL) (Entered: 04/17/2013)	April 17, 2013	RECAP
56	Amended Joint MOTION for Order of Preliminary Approval of Settlement and Request for Fairness Hearing, Amended filing by Plaintiffs A.S.D., B.H., B.M., D.W., G.K., H.L., L.K.G., L.M.M.M., M.A., M.F.. (Attachments: # 1 Exhibit Exh. 1 - Settlement Agreement, # 2 Exhibit Exh. 1 A - Proposed Class Notice, # 3 Exhibit Exh. 1 B - Claim Form, # 4 Proposed Order) Noting Date 4/18/2013, (Strawn, Christopher) Modified on 4/19/2013 (CL). (Entered: 04/18/2013)	April 18, 2013	PACER
57	WITHDRAWAL of Motion re 56 Joint MOTION for Order of Preliminary Approval of Settlement and Request for Fairness Hearing, Amended filing ; by Plaintiff B.H.. (Strawn, Christopher) (Entered: 04/25/2013)	April 25, 2013	PACER
58	Joint MOTION for Order of Preliminary Approval of Settlement and Request for Fairness Hearing, Amended filing by Plaintiff B.H.. (Attachments: # 1 Exhibit Exh 1 - Settlement agreement, # 2 Exhibit Exh 1 A - Class notice, # 3 Exhibit Exh 1 B - Claim form, # 4 Proposed Order) Noting Date 4/25/2013, (Strawn, Christopher) (Entered: 04/25/2013)	April 25, 2013	PACER
59	WITHDRAWAL of Motion re 58 Joint MOTION for Order of Preliminary Approval of Settlement and Request for Fairness Hearing, Amended filing ; by Plaintiff B.H.. (Strawn, Christopher) (Entered: 05/06/2013)	May 6, 2013	PACER
60	Joint MOTION for Order of Preliminary Approval of Settlement and Request for Fairness Hearing, Amended filing by Plaintiff B.H.. (Attachments: # 1 Exhibit Exh 1 - Settlement Agreement, # 2 Exhibit Exh 1 A - class notice, # 3 Exhibit Exh 1 B - claim form, # 4 Proposed Order) Noting Date 5/6/2013, (Strawn, Christopher) (Entered: 05/06/2013)	May 6, 2013	PACER
61	ORDER re: the parties' 60 motion for preliminary approval of settlement and request for fairness hearing by Judge Richard A Jones. The court APPROVES the Settlement Agreement and the Class Notice, attached as Exhibit A to the Settlement Agreement. The court sets a fairness hearing on the 20th day of September, 2013, at 10:00 a.m. at the United States Courthouse, 700 Stewart Street, Seattle WA 98101, in the Courtroom of the Honorable Richard A. Jones. (CL) (Entered: 05/08/2013)	May 8, 2013	RECAP
62	OBJECTIONS by a non-party/Hovsep Sogomonian re 61 Order on Motion for Order Approving the Settlement Agreement and the Class Notice. (CL) (Entered: 06/10/2013)	June 7, 2013	PACER
63	NOTICE of Filing of Amended Claim Form ; filed by Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan P Osuna, U.S. Citizenship and Immigration Services. (Attachments: # 1 amended Claim Form)(Weintraub, J.) (Entered: 08/14/2013)	Aug. 14, 2013	PACER
64	NOTICE OF FILING OF SECOND AMENDED CLAIM FORM re 63 Notice-Other, ; filed by Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan P Osuna, U.S. Citizenship and Immigration Services. (Attachments: # 1 Second Amended Claim Form)(Weintraub, J.) (Entered: 08/26/2013)	Aug. 26, 2013	PACER
65	NOTICE re 63 Notice-Other, ; filed by Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan P Osuna, U.S. Citizenship and Immigration Services. (Attachments: # 1 Exhibit Third Amended Claim Form)(Weintraub, J.) (Entered: 09/17/2013)	Sept. 17, 2013	PACER
66	NOTICE Respondent to Court's Questions ; filed by Plaintiff B.H.. (Attachments: # 1 Exhibit Exh. A - Atty's fees and costs, # 2 Exhibit Exh. B - Settlement Agreement)(Strawn, Christopher) (Entered: 09/18/2013)	Sept. 18, 2013	PACER
67	MINUTE ENTRY for proceedings held before Judge Richard A Jones- Dep Clerk: Casey Condon; Pla Counsel: Matt Adams, Christopher Strawn; Def Counsel: J. Max Weintraub, Priscilla Chan; CR: Nancy Bauer; Hearing held on 9/20/2013. The court held a fairness hearing on class action settlement. The court tentatively approved the settlement, pending a revised notice to the class. The court directed the parties to file a stipulated motion for attorney's fees. The court directed counsel to provide a revised notice to the class to include the stipulated motion for attorney's fees and the revised settlement agreement, including a link to a red-lined version of the settlement agreement. The court also directed counsel to file a joint proposed final order certifying the settlement class and approving class action settlement. Counsel requested a 30 day time frame to allow class members to respond to the revised class notice, and the court approved. The court scheduled a hearing for the approval of settlement for Monday, Nov. 4, 2013 at 9:00 a.m. However, if the court does not receive any objections, it will enter an order approving class settlement upon expiration of the 30 day time frame. (CC) (Entered: 09/23/2013)	Sept. 20, 2013	PACER
68	Joint MOTION for Order Approving Notice for Class by Plaintiff B.H.. (Attachments: # 1 Exhibit Ex A - Proposed Notice, # 2 Proposed Order) Noting Date 9/26/2013, (Strawn, Christopher) (Entered: 09/26/2013)	Sept. 26, 2013	PACER
69	Joint MOTION for Attorney Fees and Costs by Plaintiff B.H.. (Attachments: # 1 Exhibit Ex A - attorneys fees and costs records, # 2 Proposed Order) Noting Date 9/26/2013, (Strawn, Christopher) (Entered: 09/26/2013)	Sept. 26, 2013	PACER
70	ORDER APPROVING NOTICE ON ATTORNEYS' FEES AND MODIFICATION OF SETTLEMENT AGREEMENT by Judge Richard A Jones; The Revised Class Notice, attached as Exhibit A to the Joint Motion (Dkt. # 68 ), is approved. (TF) (Entered: 09/27/2013)	Sept. 27, 2013	RECAP
71	OBJECTIONS by non-party/Smaragda (Esmeralda) Karakoudas, Esq., re 61 Order on Motion for Order Approving the Settlement Agreement and the Class Notice. (CL) (Entered: 10/25/2013)	Oct. 24, 2013	PACER
72	Unopposed MOTION to Amend SETTLEMENT AGREEMENT DEADLINES DUE TO APPROPRIATIONS LAPSE by Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan P Osuna, U.S. Citizenship and Immigration Services. Noting Date 11/1/2013, (Weintraub, J.) (Entered: 10/30/2013)	Oct. 30, 2013	PACER
	Noting Date Reset re 72 Unopposed MOTION to Amend Settlement Agreement Deadlines Due to Appropriations Lapse pursuant to Local Civil Rule 7(d): Noting Date 11/15/2013. (SS)	Oct. 30, 2013	PACER
73	PROPOSED ORDER (Unsigned) re 60 Joint MOTION for Order of Preliminary Approval of Settlement and Request for Fairness Hearing, Amended filing . (Weintraub, J.) (Entered: 10/30/2013)	Oct. 30, 2013	PACER
74	MINUTE ENTRY for proceedings held before Judge Richard A. Jones - Dep Clerk: Victoria Ericksen; Pla Counsel: Christopher Strawn, Matt Adams; Def Counsel: J. Max Weintraub; CR: Nancy Bauer; MOTION HEARING held on 11/4/2013. After hearing from counsel, for the reasons stated on the record, the Court grants final approval of the class action settlement. Orders and Judgment to be entered. (VE) (Entered: 11/04/2013)	Nov. 4, 2013	PACER
75	ORDER the court GRANTS the unopposed motion to amend certain deadlines in the settlement agreement (Dkt. # 72), the motion for attorneys fees (Dkt. # 69) and APPROVES settlement of this class action (Dkt. # 60) by Judge Richard A Jones.(RS) (Entered: 11/04/2013)	Nov. 4, 2013	RECAP
76	ORDER APPROVING CLASS ACTION SETTLEMENT by Judge Richard A Jones. (RS) (Entered: 11/04/2013)	Nov. 4, 2013	RECAP
77	JUDGMENT BY COURT The court GRANTS final approval of the settlement of this class action, grants the motion for payment of attorneys fees to class counsel, and directs the parties to ensure compliance with the courts final approval order (RS) (Entered: 11/04/2013)	Nov. 4, 2013	PACER
78	NOTICE of Filing of Amended Claim Form ; filed by Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan P Osuna, U.S. Citizenship and Immigration Services. (Attachments: # 1 Exhibit Fourth Amended Claim Form)(Weintraub, J.) (Entered: 03/13/2014)	March 13, 2014	PACER
79	REPORT re 77 Judgment by Court, 76 Order by Defendants Executive Office for Immigration Review, Eric Holder, Jr, Alejandro Mayorkas, Janet Napolitano, Juan P Osuna, U.S. Citizenship and Immigration Services (Weintraub, J.) (Entered: 12/18/2014)	Dec. 18, 2014	PACER
80	NOTICE/PETITION filed by Daljit S Jandu re being an ABT class member (RS) (Entered: 04/24/2017)	April 21, 2017	PACER

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 15, 2011

Closing Date: Nov. 4, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were asylum applicants in removal proceedings who applied for, but had not been granted, work authorization and who fell in one or more of the designated subclasses (hearing, prolonged tolling, missed asylum interview, remand)

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Northwest Immigrant Rights Project (NWIRP)

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Citizenship and Immigration Services, Federal

Executive Office for Immigration Review, Federal