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

Clearinghouse coding complete

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 …

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.

    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)

    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

    Defendant Type(s):

    Law-enforcement

    Case Details

    Causes of Action:

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

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

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

    Constitutional Clause(s):

    Due Process

    Availably Documents:

    Trial Court Docket

    Complaint (any)

    Monetary Relief

    Injunctive (or Injunctive-like) Relief

    Any published opinion

    Outcome

    Prevailing Party: Plaintiff

    Nature of Relief:

    Injunction / Injunctive-like Settlement

    Attorneys fees

    Source of Relief:

    Settlement

    Form of Settlement:

    Court Approved Settlement or Consent Decree

    Amount Defendant Pays: 425,000

    Content of Injunction:

    Recordkeeping

    Required disclosure

    Issues

    General:

    Government Services

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

    Wait lists

    Immigration/Border:

    Asylum - procedure

    Employment

    Work authorization - procedures