Case: Tarek Hamdi v. United States Citizenship and Immigration Service

5:10-cv-00894 | U.S. District Court for the Central District of California

Filed Date: June 16, 2010

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On June 16, 2010, an Egyptian national, who had resided in the U.S. as a lawful permanent resident for over 30 years, filed a petition in the U.S. District Court for the Central District of California against the U.S. Citizenship and Immigration Service (USCIS) and Department of Homeland Security, under the Immigration and Nationality Act (INA). The petitioner, represented by the ACLU Foundation of Southern California, asked the court for a de novo review of his application for naturalization …

On June 16, 2010, an Egyptian national, who had resided in the U.S. as a lawful permanent resident for over 30 years, filed a petition in the U.S. District Court for the Central District of California against the U.S. Citizenship and Immigration Service (USCIS) and Department of Homeland Security, under the Immigration and Nationality Act (INA). The petitioner, represented by the ACLU Foundation of Southern California, asked the court for a de novo review of his application for naturalization along with costs. Specifically, Mr. Hamdi claimed that the respondents violated the INA in concluding that he made a false statements about his association with a charity to which he made a donation in 2000 and which was identified as a financier of terrorism in 2002. He claimed that their conclusion was an abuse of discretion under the Administrative Procedure Act and that such a standard for "association" was so vague as to violate his 5th Amendment right to due process.

The litigation of this case and subsequent Freedom of Information Act requests brought to public knowledge the USCIS "Controlled Application Review and Resolution Program" (CARRP), an agency-wide policy for identifying, processing, and adjudicating immigration applications that raise "national security concerns".

Mr. Hamdi married an American citizen and made regular donations to charity pursuant to his sincere religious beliefs. In 2001 he applied for naturalization. In 2002 he passed his naturalization exam. In 2006 he was sent a notice scheduling him for a second interview, but due to a business trip he did not receive it until after the interview date had passed. His request to reschedule was ignored and his application was rejected. He reapplied in 2007, passed the test again in 2008, and in 2009 filed a mandamus action to compel USCIS to adjudicate his application. USCIS denied his application on the grounds that he gave false testimony by failing to reveal his association with Benevolence International Foundation (BIF) and his current employment (which had begun after his application and interview). He appealed and was denied again based on his "association" with BIF, inferred from his one donation in 2000. Having exhausted administrative remedies, he sought review from the District Court under the INA.

On December 14, 2011, the District Court for the Central District of California (Judge Virginia A. Phillips) dismissed the component of Mr. Hamdi's claim which argued that the naturalization application's "association" question is unconstitutionally vague. The court found that Mr. Hamdi requested no relief predicated on that question, and that the court could not offer an advisory opinion at that stage.

On February 25, 2012, the District Court (Judge Phillips) found that Mr. Hamdi had satisfied his burden of showing his eligibility for citizenship. He had not given intentionally false testimony to obtain benefits, and as such was not precluded form demonstrating good moral character. On February 28, 2012, the Court ordered that USCIS grant his application for naturalization.

On May 10, 2012, Mr. Hamdi was sworn in as an American Citizen.

On August 29, 2012, the Court ordered that the respondents pay Mr. Hamdi's attorneys' fees.

Summary Authors

Nadji Allan (9/25/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4145867/parties/tarek-hamdi-v-united-states-citizenship-and-immigration-service/


Judge(s)

Bristow, David T. (California)

Phillips, Virginia A. (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Chavez, Lucero (California)

Helzer, Belinda Escobosa (California)

Pasquarella, Jennifer (California)

Vakili, Bardis (California)

Vakili [inactive], Bardis (California)

Villagra, Hector O. (California)

Attorneys(s) for Defendant

Bauer, Jeffrey Michael (District of Columbia)

Judge(s)

Bristow, David T. (California)

Phillips, Virginia A. (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Chavez, Lucero (California)

Helzer, Belinda Escobosa (California)

Pasquarella, Jennifer (California)

Vakili, Bardis (California)

Vakili [inactive], Bardis (California)

Villagra, Hector O. (California)

Attorneys(s) for Defendant

Bauer, Jeffrey Michael (District of Columbia)

Hollis, Christopher W. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

May 20, 2013 Docket
1

Petition for De Novo Review of Denial of Application for Naturalization and Request for a Hearing

June 16, 2010 Complaint
93

Order Granting-in-Part and Denying-in-Part Defendants' Motion for Summary Judgment

2011 WL 13247932

Dec. 14, 2011 Order/Opinion
130

Findings of Fact & Conclusions of Law

2012 WL 632397

Feb. 25, 2012 Order/Opinion
157

Minute Order Granting Petitioner's Motion for Attorneys' Fees

Aug. 29, 2012 Order/Opinion

Resources

Title Description External URL

Hamdi V. U.S.C.I.S.

American Civil Liberties Union

Tarek Hamdi, a national of Egypt, has lived in the United States for over 30 years. After marrying a U.S. citizen, he became a lawful permanent resident and, in 2001, he applied to naturalize as a U.… May 10, 2012 https://www.aclusocal.org/en/cases/hamdi-v-uscis

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4145867/tarek-hamdi-v-united-states-citizenship-and-immigration-service/

Last updated May 12, 2022

ECF Number Description Date Link
1

PETITION filed against Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service De Novo Review of Denial of Application for Naturalization and Request for a Hearing Pursuant to 8 USC 1421(c).(Filing fee $ 350.), filed by plaintiff Tarek Hamdi.(mrgo) (Additional attachment(s) added on 6/28/2010: # 1 Summons, # 2 CV-18, # 3 Civil Cover Sheet) (mrgo). (Entered: 06/18/2010)

June 16, 2010 PACER
2

NOTICE of Interested Parties filed by plaintiff Tarek Hamdi, (mrgo) (mrgo). (Entered: 06/18/2010)

June 16, 2010 PACER
3

NOTICE of Related Case(s) filed by plaintiff Tarek Hamdi. Related Case(s): none. (mrgo) (mrgo). (Entered: 06/18/2010)

June 16, 2010 PACER
4

NOTICE TO PARTIES OF ADR PROGRAM filed.(mrgo) (mrgo). (Entered: 06/18/2010)

June 16, 2010 PACER
5

APPLICATION to Seal Exhibits A-H of Plaintiff's Petition for De Novo Review of Denial of Application for Naturalization and Request for a Hearing Pursuant to 8 USC 1421(c) filed by plaintiff Tarek Hamdi. Lodged Order. (ad) (Entered: 06/24/2010)

June 22, 2010 PACER
6

ORDER by Judge Virginia A. Phillips: granting plaintiff's 5 Application for Order Sealing Exhibits A-H of Plaintiff's Petition for De Novo Review of Denial of Application for Naturalization and Request for a Hearing Pursuant to 8 USC 1421(c). (mrgo) (Entered: 06/28/2010)

June 25, 2010 PACER
7

SEALED DOCUMENT-EXHIBITS A-H Filed re Plaintiff's Petition (case opening) 1 . (mrgo) (Entered: 06/28/2010)

June 25, 2010 PACER
8

PROOF OF SERVICE Executed by Plaintiff Tarek Hamdi, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Patricia Myles. Executed upon the Attorney Generals Office of the United States by delivering a copy to illegible (receipt attached). Executed upon the officer agency or corporation by delivering a copy to Frances Adams (DHS). Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Pasquarella, Jennifer) (Entered: 07/23/2010)

July 23, 2010 PACER
9

NOTICE of Appearance filed by attorney Jeffrey Michael Bauer on behalf of Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service (Bauer, Jeffrey) (Entered: 07/27/2010)

July 27, 2010 PACER
10

ANSWER to Petition (case opening), Petition (case opening) 1 filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service.(Bauer, Jeffrey) (Entered: 08/30/2010)

Aug. 30, 2010 PACER
11

ORDER SETTING SCHEDULING CONFERENCE by Judge Virginia A. Phillips: Scheduling Conference set for 11/22/2010 at 01:30 PM before Judge Virginia A. Phillips. (am) (Entered: 09/03/2010)

Sept. 3, 2010 PACER
12

JOINT ADR PROGRAM QUESTIONNAIRE filed by Plaintiff Tarek Hamdi.(Pasquarella, Jennifer) (Entered: 11/01/2010)

Nov. 1, 2010 PACER
13

NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request to Appear Before John McDermott for settlement proceedings. Filed by Plaintiff Tarek Hamdi.(Pasquarella, Jennifer) (Entered: 11/01/2010)

Nov. 1, 2010 PACER
14

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Plaintiff Tarek Hamdi.. (Pasquarella, Jennifer) (Entered: 11/01/2010)

Nov. 1, 2010 PACER
15

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice/Request of Settlement Procedure Settlement (Sp 1) - (ADR-1) 13 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mrgo) (Entered: 11/03/2010)

Nov. 3, 2010 PACER
16

MINUTES OF Scheduling Conference held before Judge Virginia A. Phillips. Last date to conduct settlement conference is 5/27/2011. The parties shall file a joint report no later than 10 days after the settlement conference regarding the progress of mediation. The parties elect to proceed with Settlement Procedure No. 1., to appear before Magistrate Judge Bristow.Court Reporter: Theresa Lanza. (mrgo) (Entered: 11/23/2010)

Nov. 22, 2010 PACER
17

SCHEDULING ORDER by Judge Virginia A. Phillips.( Discovery cut-off 5/27/2011., Motions due by 7/11/2011. Last date to conduct settlement conference is 5/27/2011. Bench Trial set for 8/23/2011 at 08:30 AM before Judge Virginia A. Phillips. Pretrial Conference set for 8/15/2011 at 02:30 PM before Judge Virginia A. Phillips.) (mrgo) (Entered: 11/23/2010)

Nov. 22, 2010 PACER
18

ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge David T Bristow. ( Settlement Conference set for 5/25/2011 at 09:30 AM before Magistrate Judge David T Bristow.) (mrgo) (Entered: 01/27/2011)

Jan. 26, 2011 PACER
19

NOTICE Of Filing of Stipulated Protective Order filed by defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. (Bauer, Jeffrey) (Entered: 02/11/2011)

Feb. 11, 2011 PACER
20

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 19 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. The document attached to this entry is a proposed stipulated Protective Order and not a Notice of Filing. The proposed document should be attached to a Notice of Lodging. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mrgo) (Entered: 02/14/2011)

Feb. 14, 2011 PACER
21

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Deputy Clerk. The document is stricken and counsel is ordered to file an amended or corrected document within 24 hours of issuance of this notice. The Court ORDERS document No. 19, STRICKEN. Filer's attention is drawn to General Order 08-11, Section VI "Proposed Orders, Proposed Judgments, or Other Proposed Documents that Require a Judge's Signature." Filer may re-file its Stipulation for Protective Order and upload a proposed order to the Court's docket, that will be separately sent to the Chamber's e-mail at:vap_chambers@cacd.uscourts.gov RE: Notice (Other) 19 (am) (Entered: 02/15/2011)

Feb. 15, 2011 PACER
22

NOTICE OF LODGING filed Stipulated (Proposed) Protective Order re Response By Court to Notice of Deficiencies (G-112B), Response By Court to Notice of Deficiencies (G-112B), Response By Court to Notice of Deficiencies (G-112B) 21, Scheduling Conference, Set/Reset Deadlines,, 16 (Attachments: # 1 Proposed Order)(Bauer, Jeffrey) (Entered: 02/16/2011)

Feb. 16, 2011 PACER
23

MINUTE ORDER IN CHAMBERS by Judge Virginia A. Phillips: The parties proposed Stipulation and Protective Order has been referred by the District Judge to the Magistrate Judge for consideration. The parties are advised that the Court declines to issue the proposed protective order to which they have stipulated for the following reasons: 1. Proposed 9 is inappropriate as phrased, since the Court shall make orders regarding the sealing of records pursuant to Local Rule 79-5.1 (as the parties note in proposed 15). As such, proposed paragraphs 8 and 9 should be revised to conform with Local Rule 79-5.1, if not stricken. (am) (Entered: 03/02/2011)

Feb. 28, 2011 PACER
24

NOTICE OF LODGING filed (Proposed) Stipulated Protective Order re Minutes of In Chambers Order/Directive - no proceeding held,, 23 (Attachments: # 1 Proposed Order)(Bauer, Jeffrey) (Entered: 03/07/2011)

March 7, 2011 PACER
25

NOTICE of Change of Attorney Information for attorney Hector O Villagra counsel for Plaintiff Tarek Hamdi.Hector O. Villagra is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by plaintiff Tarek Hamdi (Villagra, Hector) (Entered: 03/25/2011)

March 25, 2011 PACER
26

NOTICE of Change of Attorney Information for attorney Belinda Escobosa Helzer counsel for Plaintiff Tarek Hamdi. Adding Belinda Escobosa Helzer as attorney as counsel of record for Tarek Hamdi for the reason indicated in the G-06 Notice. Filed by Plaintiff Tarek Hamdi (Escobosa Helzer, Belinda) (Entered: 03/25/2011)

March 25, 2011 PACER
27

STIPULATED PROTECTIVE ORDER by Magistrate Judge David T Bristow (am) (Entered: 04/01/2011)

April 1, 2011 RECAP
28

NOTICE of Appearance filed by attorney Christopher W Hollis on behalf of Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service (Hollis, Christopher) (Entered: 04/28/2011)

April 28, 2011 PACER
29

NOTICE OF MOTION AND MOTION to Compel Discovery of Withheld information, MOTION for Protective Order for From having to provide documents and testimony filed by Plaintiff Tarek Hamdi. Motion set for hearing on 5/19/2011 at 10:00 AM before Magistrate Judge David T Bristow. (Pasquarella, Jennifer) (Entered: 04/28/2011)

April 28, 2011 PACER
30

JOINT STIPULATION to MOTION to Compel Discovery of Withheld information MOTION for Protective Order for From having to provide documents and testimony 29 filed by Plaintiff Tarek Hamdi. (Attachments: # 1 Exhibit A - Standing Order, # 2 Exhibit B - Govt's Privilege Log, # 3 Exhibit C - Arellano Declaration, # 4 Proposed Order Plaintiff's, # 5 Proposed Order Defendant's)(Pasquarella, Jennifer) (Entered: 04/28/2011)

April 28, 2011 PACER
31

MINUTES (IN CHAMBERS): ORDER by Magistrate Judge David T Bristow: The Court is in receipt of Plaintiffs Motion to Compel Discovery and defendants Motion for a Protective Order filed April 28, 2011. Oppositions to the Motions are due on or before May 25, 2011. Replies to the Oppositions to the Motions are due on or before June 1, 2011. The Motions will be taken under submission as of the date the Replies are due and/or filed, and will be decided on the papers without oral argument. See Local Rule 7-15. Accordingly, the hearings noticed for May 19, 2011, are ordered off calendar. 29 (am) (Entered: 05/05/2011)

May 5, 2011 PACER
32

Joint STIPULATION for Order Modifying Case Management and Scheduling Order filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. (Attachments: # 1 Proposed Order)(Bauer, Jeffrey) (Entered: 05/13/2011)

May 13, 2011 PACER
33

Joint STIPULATION for Order Re: Settlement Conference filed by defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. (Attachments: # 1 Proposed Order)(Bauer, Jeffrey) (Entered: 05/19/2011)

May 19, 2011 PACER
34

STIPULATED MODIFIED SCHEDULING ORDER by Judge Virginia A. Phillips: Theprior dates set forth in the Courts November 23, 2010 Order (Dkt. No. 17) arevacated, and the Court enters this case management and scheduling order setting the dates as follows: a. Discovery cut-off July 27, 2011; b. Summary judgment motions due August 29, 2011; c. Hearing on summary judgment motions September 26, 2011, 2:00 pm; d. Pretrial conference October 24, 2011, at 2:30 p.m.; and e. Court Trial November 1, 2011, at 8:30 a.m. before Judge Virginia A. Phillips. (am) (Entered: 05/20/2011)

May 19, 2011 PACER
35

STIPULATED ORDER by Judge Virginia A. Phillips: Good cause having been shown and for the reasons set forth in the parties Stipulation Re Settlement Conference, the Court hereby cancels the scheduling conference currently set for Thursday, May 26, 2011. The clerk is directed to remove the conference from the Courts calendar. (am) (Entered: 05/20/2011)

May 20, 2011 PACER
36

MEMORANDUM in Opposition to MOTION to Compel Discovery of Withheld information MOTION for Protective Order for From having to provide documents and testimony 29 filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. (Attachments: # 1 Declaration)(Bauer, Jeffrey) (Entered: 05/25/2011)

May 25, 2011 PACER
37

Opposition in opposition re: MOTION to Compel Discovery of Withheld information MOTION for Protective Order for From having to provide documents and testimony 29 filed by Plaintiff Tarek Hamdi. (Attachments: # 1 Declaration Pasquarella iso)(Pasquarella, Jennifer) (Entered: 05/25/2011)

May 25, 2011 PACER
38

REPLY Re: MOTION to Compel Discovery of Withheld information MOTION for Protective Order for From having to provide documents and testimony 29 filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. (Bauer, Jeffrey) (Entered: 06/01/2011)

June 1, 2011 PACER
39

REPLY Opposition MOTION to Compel Discovery of Withheld information MOTION for Protective Order for From having to provide documents and testimony 29 filed by Plaintiff Tarek Hamdi. (Attachments: # 1 Declaration Declaration of Belinda Escobosa Helzer in Support of Plaintiff's Reply to Defendants' Supplemental Memorandum of Law in Opposition to Plaintiff's Motion to Compel)(Escobosa Helzer, Belinda) (Entered: 06/01/2011)

June 1, 2011 PACER
40

ORDER by Magistrate Judge David T Bristow re: 29 Motion to Compel; and 29 Motion for Protective Order re MOTION to Compel Discovery of Withheld information MOTION for Protective Order for From having to provide documents and testimony 29 . In view of the foregoing rulings, plaintiffs Motion to Compel Discovery and defendants Motion for Protective Order are each granted in part and denied in part as follows: (see document for specifics). (mrgo) (Entered: 06/22/2011)

June 22, 2011 PACER
41

NOTICE OF LODGING filed (privileged documents for in camera review) re Order on Motion to Compel, Order on Motion for Protective Order,, 40 (Bauer, Jeffrey) (Entered: 07/05/2011)

July 5, 2011 PACER
42

REQUEST for Consideration of Request that, if Court finds any documents are not privileged, the Court allow an appropriate amount of time for Defendants to file a motion for review of such finding filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. (Hollis, Christopher) (Entered: 07/05/2011)

July 5, 2011 PACER
43

CERTIFICATE OF SERVICE filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service, re REQUEST for Consideration of Request that, if Court finds any documents are not privileged, the Court allow an appropriate amount of time for Defendants to file a motion for review of such finding 42 served on 7/5/11. (Hollis, Christopher) (Entered: 07/05/2011)

July 5, 2011 PACER
44

NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Compel, Order on Motion for Protective Order,, 40 filed by plaintiff Tarek Hamdi. Motion set for hearing on 7/21/2011 at 10:00 AM before Magistrate Judge David T Bristow. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Exhibit Dec Ex A, # 4 Exhibit Dec Ex B, # 5 Exhibit Dec Ex C, # 6 Exhibit Dec Ex D, # 7 Exhibit Dec Ex E, # 8 Proposed Order)(Pasquarella, Jennifer) (Entered: 07/08/2011)

July 8, 2011 PACER
45

STIPULATION for Reconsideration re Order on Motion to Compel, Order on Motion for Protective Order,, 40 filed by plaintiff Tarek Hamdi. (Attachments: # 1 Proposed Order)(Pasquarella, Jennifer) (Entered: 07/08/2011)

July 8, 2011 PACER
46

STIPULATED MODIFIED SCHEDULING ORDER FOR SHORTENED TIME ON PLAINTIFFS MOTION FOR RECONSIDERATION HEARING by Magistrate Judge David T Bristow: Good cause having been shown and for the reasons set forth in the parties Joint Stipulation to Shorten Time on Plaintiffs Motion for Reconsideration, thestipulation is hereby GRANTED. The parties shall comply with the followingbriefing schedule: a. July 15, 2011: Last day to file opposition to Plaintiffs Motion for Reconsideration b. July 18, 2011: Last day to file reply to opposition to Plaintiffs Motion for Reconsideration c. July 21, 2011: Hearing on Motion for Reconsideration. (am) (Entered: 07/13/2011)

July 13, 2011 PACER
47

MEMORANDUM in Opposition to MOTION for Reconsideration re Order on Motion to Compel, Order on Motion for Protective Order,, 40 MOTION for Reconsideration re Order on Motion to Compel, Order on Motion for Protective Order,, 40 44 filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. (Attachments: # 1 Declaration (With Exhibits), # 2 Proposed Order)(Bauer, Jeffrey) (Entered: 07/15/2011)

July 15, 2011 PACER
48

Joint STIPULATION to Reschedule Entire Case Schedule filed by plaintiff Tarek Hamdi. (Attachments: # 1 Proposed Order)(Pasquarella, Jennifer) (Entered: 07/15/2011)

July 15, 2011 PACER
51

STIPULATED MODIFIED SCHEDULING ORDER by Judge Virginia A. Phillips: Second Stipulation to Modify Scheduling Order 48 is GRANTED. a. Discovery cut-off: September 27, 2011; b. Summary judgment motions due: October 28, 2011; c. Hearing on summary judgment motions: November 28, 2011, at 2:00pm; d. Pretrial conference: January 23, 2012, at 2:30pm; e. Trial: January 31, 2012, at 9:00am.IT SO ORDERED. (ad) (Entered: 07/19/2011)

July 17, 2011 PACER
49

REPLY in support of MOTION for Reconsideration re Order on Motion to Compel, Order on Motion for Protective Order,, 40 MOTION for Reconsideration re Order on Motion to Compel, Order on Motion for Protective Order,, 40 44 filed by Plaintiff Tarek Hamdi. (Attachments: # 1 Declaration Pasquarella iso)(Pasquarella, Jennifer) (Entered: 07/18/2011)

July 18, 2011 PACER
50

MINUTES (IN CHAMBERS) ORDER re REVIEW OF DOCUMENTS LODGED BY DEFENDANTS FOR IN CAMERA REVIEW by Magistrate Judge David T Bristow: denying 42 Request for Consideration. In accordance with the Courts June 22, 2011 Order, defendants have lodged for in camera review documents that were withheld from discovery on the basis of the deliberative process privilege and/or the law enforcement privilege. Based on the Courts in camera review of these documents and the governing legal principles, the Court now rules as follows. (See document for specifics) (mrgo) (Entered: 07/19/2011)

July 18, 2011 PACER
55

MINUTES OF Motion Hearing held before Magistrate Judge David T Bristow: RE PLAINTIFFS MOTION FOR RECONSIDERATION OF ORDER RE: PLAINTIFFS MOTION TO COMPEL DISCOVERY AND DEFENDANTS MOTION FOR PROTECTIVE ORDER: Having reviewed and considered the contentions of the parties as reflected in the parties filings and during oral argument, the Court now rules as follows: Plaintiffs Motion is hereby GRANTED in part and DENIED in part. Specifically, the Court concludes that the policies, procedures, practices, and training that address or relate to defendants interpretation of the terms association(s), membership(s), and affiliation(s) could reasonably lead to the discovery of admissible evidence, particularly in light of defendants contention that plaintiff lacks good moral character because of his association with Benevolence International Foundation and Care International. See Fed. R. Civ. P. 26(b)(1). As such, within ten (10) days of the service date of this Order, defendants are ordered to produce to plaintiff those documents that are responsive to plaintiffs First Set of Requests for Production of Documents Nos. 7 and 11 (subcategories a, b, and i only) as each of these requests appear to directly request information regarding an applicants association with or contribution of money to organizations similar to Benevolence International Foundation and Care International. Further, plaintiff shall be permitted to seek testimony regarding this information at the depositions of the Rule 30(b)(6) representative and Irene Martin. Plaintiffs Motion for Reconsideration is DENIED in all other respects. 44 Court Recorder: RS-4 7-21-11. (am) (Entered: 07/27/2011)

July 21, 2011 PACER
52

NOTICE OF MOTION AND MOTION to Compel Further answers to deposition questions & further responses to P's Interrogatories filed by Plaintiff Tarek Hamdi. Motion set for hearing on 8/11/2011 at 10:00 AM before Magistrate Judge David T Bristow. (Attachments: # 1 Joint Stipulation re MTC, # 2 Exhibit Def's Ex A - Arellano, # 3 Exhibit Def's Ex B - Kielsmeier, # 4 Exhibit Def's Ex C - Miramontes, # 5 Proposed Order P's PORD MTC, # 6 Proposed Order Def's PORD MTC)(Pasquarella, Jennifer) (Entered: 07/25/2011)

July 25, 2011 PACER
53

STIPULATION to Reschedule Hearing on Motion to Compel filed by plaintiff Tarek Hamdi. (Attachments: # 1 Proposed Order To Shorten Time)(Pasquarella, Jennifer) (Entered: 07/25/2011)

July 25, 2011 PACER
54

MINUTE ORDER IN CHAMBERS RE REVIEW OF DOCUMENTS LODGED BY DEFENDANTS FOR IN CAMERA REVIEW by Magistrate Judge David T Bristow: Accordingly, within 14 days of the service date of this Order, defendants are ORDERED to produce GOV000340 to plaintiff. However, if defendants timely object to this Order pursuant to Fed. R. Civ. P. 72(a), then compliance with it shall be stayed pending the District Courts ruling on the objections. (am) (Entered: 07/26/2011)

July 25, 2011 PACER
56

NOTICE OF MOTION AND MOTION for Review of and Objections to Magistrate Judge's Order of July 18, 2011 filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. Motion set for hearing on 8/22/2011 at 02:00 PM before Judge Virginia A. Phillips. (Hollis, Christopher) (Entered: 07/29/2011)

July 29, 2011 PACER
57

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Review of and Objections to Magistrate Judge's Order of July 18, 2011 56 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. The next available motion dates for Judge Virginia A. Phillips are 8/29/11, 9/12/11 and 9/19/11 at 2:00 PM.In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (am) (Entered: 08/01/2011)

Aug. 1, 2011 PACER
58

NOTICE OF LODGING filed (privileged documents for in camera review) re MOTION for Review of and Objections to Magistrate Judge's Order of July 18, 2011 56 (Hollis, Christopher) (Entered: 08/01/2011)

Aug. 1, 2011 PACER
59

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: MOTION for Review of and Objections to Magistrate Judge's Order of July 18, 2011 56 . The hearings re Motion or Report and Recommendation deadlines originally scheduled have been rescheduled( Motion reset for hearing on 8/29/2011 at 02:00 PM before Judge Virginia A. Phillips.) (mrgo) (Entered: 08/01/2011)

Aug. 1, 2011 PACER
60

MINUTES OF TELEPHONIC CONFERENCE held before Magistrate Judge David T Bristow: The Court ordered the parties to meet and confer regarding the pending discovery dispute and were ordered to advise the Court as to any remaining issues.Court Recorder: RS-4 8-1-11. (ad) (Entered: 08/04/2011)

Aug. 1, 2011 PACER
61

MINUTE ORDER IN CHAMBERS by Judge Virginia A. Phillips JOINT STIPULATION TO SHORTEN TIME FOR HEARING OF PLAINTIFFS MOTION TO COMPEL DISCOVERY 53 : The Court has read and considered the parties Joint Stipulation and hereby DENIES the same. The Motion to Compel will be taken under submission as of the date the Reply is due and/or filed, and will be decided on the papers without oral argument. (ad) (Entered: 08/04/2011)

Aug. 4, 2011 PACER
62

NOTICE OF MOTION AND MOTION for Review of July 27, 2011 Discovery Order filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. Motion set for hearing on 9/12/2011 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: # 1 Proposed Order)(Bauer, Jeffrey) (Entered: 08/08/2011)

Aug. 8, 2011 PACER
63

EX PARTE APPLICATION for Discovery regarding Stay of July 27, 2011 Discovery Order Pending Motion For Review filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. (Attachments: # 1 Proposed Order)(Bauer, Jeffrey) (Entered: 08/08/2011)

Aug. 8, 2011 PACER
64

Objection in opposition re: MOTION for Review of and Objections to Magistrate Judge's Order of July 18, 2011 56 filed by Plaintiff Tarek Hamdi. (Pasquarella, Jennifer) (Entered: 08/08/2011)

Aug. 8, 2011 PACER
65

Joint STIPULATION for Discovery as to Plaintiffs Interrogatories and questioning of USCIS Officer Osuna filed by Plaintiff Tarek Hamdi.(Pasquarella, Jennifer) (Entered: 08/09/2011)

Aug. 9, 2011 PACER
66

MEMORANDUM in Opposition to MOTION to Compel Further answers to deposition questions & further responses to P's Interrogatories 52 filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. (Bauer, Jeffrey) (Entered: 08/11/2011)

Aug. 11, 2011 PACER
67

REPLY in support of MOTION for Review of and Objections to Magistrate Judge's Order of July 18, 2011 56 filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. (Hollis, Christopher) (Entered: 08/15/2011)

Aug. 15, 2011 PACER
68

REPLY IN SUPPORT OF MOTION to Compel Further answers to deposition questions & further responses to P's Interrogatories 52 filed by Plaintiff Tarek Hamdi. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C-E)(Pasquarella, Jennifer) (Entered: 08/15/2011)

Aug. 15, 2011 PACER
69

ORDER by Magistrate Judge David T Bristow: granting 63 Ex Parte Application for Stay of the Court's 7/27/11, Order pending a motion for review. (mrgo) (Entered: 08/19/2011)

Aug. 19, 2011 PACER
70

Response in Opposition re: MOTION for Review of July 27, 2011 Discovery Order 62 filed by Plaintiff Tarek Hamdi. (Pasquarella, Jennifer) (Entered: 08/22/2011)

Aug. 22, 2011 PACER
71

REPLY in support of MOTION for Review of July 27, 2011 Discovery Order 62 filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. (Bauer, Jeffrey) (Entered: 08/27/2011)

Aug. 27, 2011 PACER
72

NOTICE OF ERRATA filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. correcting MOTION for Review of July 27, 2011 Discovery Order 62 Joint Notice of Errata Regarding Caption of Defendants' Notice of Motion for Review of Magistrate Judge Bristow's Discovery Order Entered July 27, 2011 (Hollis, Christopher) (Entered: 09/01/2011)

Sept. 1, 2011 PACER
73

MINUTES OF Motion Hearing held before Judge Virginia A. Phillips RE: MOTION for Review of and Objections to Magistrate Judge's Order of July 18, 2011 56, MOTION for Review of July 27, 2011 Discovery Order 62 . The Court issues a tentative ruling, hears oral argument and takes the matter(s) under submission. Court Reporter: Phyllis Preston. (mrgo) (Entered: 09/13/2011)

Sept. 12, 2011 PACER
74

JOINT STIPULATION AND ORDER ON DEPOSITION SCHEDULING AND PENDING DISCOVERY MATTERS filed by Plaintiff Tarek Hamdi (Pasquarella, Jennifer) (Entered: 09/19/2011)

Sept. 19, 2011 PACER
75

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 74 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. This is a proposed document because there is an order contained within the stipulation. A proposed document such as this should be a separate attachment to a Notice of Lodging.. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mrgo) (Entered: 09/20/2011)

Sept. 20, 2011 PACER
76

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS; ORDER by Deputy Clerk: The document is stricken and counsel is ordered to file an amended or corrected document within 48 hours of issuance of this Response. Pursuant to the General Order governing electronic filing, GO 10-07, Section 6 (page 21), Proposed orders or other proposed documents that are not filed with a main document, such as a proposed judgment or proposed findings of fact, shall be electronically filed as an attachment to a Notice of Lodging. RE: Joint Stipulation and Order 74 . (ad) (Entered: 09/20/2011)

Sept. 20, 2011 PACER
77

Joint STIPULATION for Order on Deposition Scheduling and Pending Discovery Matters filed by Plaintiff Tarek Hamdi. (Attachments: # 1 Proposed Order re Parties' Joint Stipulation re Deposition Scheduling and Pending Discovery Matters)(Pasquarella, Jennifer) (Entered: 09/20/2011)

Sept. 20, 2011 PACER
78

MINUTES (IN CHAMBERS) ORDER by Judge Virginia A. Phillips: granting in part and denying in part defendants' 56 Motion for Review; granting defendants' 62 Motion for Review. (See document for specifics) (mrgo) (Entered: 09/29/2011)

Sept. 28, 2011 PACER
79

ORDER RE PARTIES JOINT STIPULATION RE DEPOSITION SCHEDULING AND PENDINGDISCOVERY MATTERS by Judge Virginia A. Phillips: THE COURT, having considered the parties joint stipulation, APPROVES the parties stipulation. (am) (Entered: 09/29/2011)

Sept. 29, 2011 PACER
80

MINUTE ORDER IN CHAMBERS by Magistrate Judge David T Bristow re: MOTION to Compel Further answers to deposition questions & further responses to P's Interrogatories 52 . Currently pending before this Court is plaintiffs Motion to Compel Further Answers to Deposition Questions and Further Responses to Plaintiffs First Set of Interrogatories (Motion) filed July 25, 2011. However, the Court notes that the District Courts September 28, 2011, Minute Order may impact the resolution of this discovery dispute. Specifically, defendants filed two Motions for Review of the Courts previous discovery Orders. On September 28, 2011, the District Court issued a Minute Order granting in part and denying in part defendants first Motion for Review and granting defendants second Motion for Review. The District Courts September 28, 2011, Minute Order appears to address many of the issues currently pending in this Motion. In light of the District Courts Minute Order, the Court hereby ORDERS further briefly solely addressing the impact of the District Courts September 28, 2011, Minute Order as it relates to the currently pending Motion. Therefore, the parties are ORDERED to file simultaneous letter briefs not to exceed six (6) pages due on October 25, 2011. No responsive briefs shall be filed. (mrgo) (Entered: 10/12/2011)

Oct. 11, 2011 PACER
81

SUPPLEMENTAL LETTER BRIEF filed by PLAINTIFF Tarek Hamdi. regarding Minutes of In Chambers Order/Directive - no proceeding held,,,,, 80 . (Pasquarella, Jennifer) (Entered: 10/25/2011)

Oct. 25, 2011 PACER
82

SUPPLEMENT to MOTION to Compel Further answers to deposition questions & further responses to P's Interrogatories 52 Supplement to Opposition Filed Pursuant to Court's 10/12 Order (Dkt. No. 80) filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. (Bauer, Jeffrey) (Entered: 10/25/2011)

Oct. 25, 2011 PACER
83

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Brief (non-motion non-appeal) 81, Supplement(Motion related), Supplement(Motion related) 82 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (am) (Entered: 10/26/2011)

Oct. 26, 2011 PACER
84

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS. The document is accepted as filed. Pursuant to the Minutes issued by the Honorable David T. Bristow (Dkt. No. 80), the Court requested the parties to file simultaneous letter briefs as mentioned therein. RE: Brief (non-motion non-appeal) 81, Supplement(Motion related), Supplement(Motion related) 82 . (mrgo) (Entered: 10/28/2011)

Oct. 27, 2011 PACER
85

NOTICE OF MOTION AND MOTION for Summary Judgment as to all Counts in Petition filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. Motion set for hearing on 11/28/2011 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: # 1 Declaration of Robert Osuna, # 2 Declaration Of Jeffrey M. Bauer, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit Statement Of Uncontroverted Facts and Conclusions of Law, # 18 Proposed Order (Judgment))(Bauer, Jeffrey) (Entered: 10/28/2011)

Oct. 28, 2011 PACER
86

Opposition in opposition re: MOTION for Summary Judgment as to all Counts in Petition 85 filed by Plaintiff Tarek Hamdi. (Attachments: # 1 Evidentiary Objections, # 2 Request for Judicial Notice, # 3 Proposed Order, # 4 Statement of Genuine Issues, # 5 Declaration Belinda Escobosa Helzer Declaration, # 6 Exhibit A-E, # 7 Exhibit F pt. 1, # 8 Exhibit F pt. 2, # 9 Exhibit F pt. 3, # 10 Exhibit G - N, # 11 Exhibit O - T)(Escobosa Helzer, Belinda) (Entered: 11/07/2011)

Nov. 7, 2011 PACER
87

NOTICE OF ERRATA filed by Plaintiff Tarek Hamdi. correcting Objection/Opposition (Motion related), Objection/Opposition (Motion related) 86 (Attachments: # 1 Request for Judicial Notice, # 2 Exhibit A - C)(Pasquarella, Jennifer) (Entered: 11/08/2011)

Nov. 8, 2011 PACER
88

REPLY in support of MOTION for Summary Judgment as to all Counts in Petition 85 filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. (Attachments: # 1 Exhibit Defendants' Responses to Plaintiff's Evidentiary Objections Lodged in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment)(Hollis, Christopher) (Entered: 11/14/2011)

Nov. 14, 2011 PACER
89

MINUTES (IN CHAMBERS): ORDER RE PLAINTIFFS MOTION TO COMPEL FURTHER DISCOVERY RESPONSES (DKT. NO. 52) by Magistrate Judge David T Bristow: Thus, this matter is now ready for decision. For the reasons discussed below, particularly in light of the District Judges September 28, 2011 Minute Order, plaintiffs Motion is GRANTED in part and DENIED in part. 52 (am) (Entered: 11/17/2011)

Nov. 16, 2011 PACER
90

NOTICE of Change of Attorney Information for attorney Belinda Escobosa Helzer counsel for Plaintiff Tarek Hamdi. Changing Address to 2100 N. Broadway, Suite 209, Santa Ana, CA 92706. Changing Fax Number to (714) 543-5240. Filed by Plaintiff Tarek Hamdi (Escobosa Helzer, Belinda) (Entered: 11/22/2011)

Nov. 22, 2011 PACER
91

NOTICE OF ERRATA filed by Plaintiff Tarek Hamdi. correcting Objection/Opposition (Motion related), Objection/Opposition (Motion related) 86 Regarding Docket Numbers 86-4 through 86-11 (Attachments: # 1 Corrected Statement of Genuine Issues of Material Fact in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment, # 2 Declaration Corrected Declaration of Belinda Escobosa Helzer in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F part 1, # 9 Exhibit F part 2, # 10 Exhibit F part 3, # 11 Exhibit F part 4, # 12 Exhibit F part 5, # 13 Exhibit G, # 14 Exhibit H, # 15 Exhibit I, # 16 Exhibit J, # 17 Exhibit K, # 18 Exhibit L, # 19 Exhibit M, # 20 Exhibit N, # 21 Exhibit O, # 22 Exhibit P, # 23 Exhibit Q, # 24 Exhibit R, # 25 Exhibit S, # 26 Exhibit T)(Escobosa Helzer, Belinda) (Entered: 11/27/2011)

Nov. 27, 2011 PACER
92

MINUTES OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT 85 held before Judge Virginia A. Phillips: Court issues a tentative ruling, hears oral argument and takes the matter under submission.Court Reporter: Phyllis Preston.Tape #: N/A. (ad) (Entered: 11/29/2011)

Nov. 28, 2011 PACER
93

ORDER by Judge Virginia A. Phillips: granting in part and denying in part defendants' 85 Motion for Summary Judgment. (See document for specifics) (mrgo) (Entered: 12/14/2011)

Dec. 14, 2011 PACER
94

NOTICE of Change of Attorney Information for attorney Bardis Vakili counsel for Plaintiff Tarek Hamdi. Adding Bardis Vakili as attorney as counsel of record for Tarek Hamdi for the reason indicated in the G-06 Notice. Filed by Plaintiff Tarek Hamdi (Vakili, Bardis) (Entered: 12/27/2011)

Dec. 27, 2011 PACER
95

NOTICE of Change of Attorney Information for attorney Lucero Chavez counsel for Plaintiff Tarek Hamdi. Adding Lucero Chavez as attorney as counsel of record for Tarek Hamdi for the reason indicated in the G-06 Notice. Filed by Plaintiff Tarek Hamdi (Chavez, Lucero) (Entered: 12/29/2011)

Dec. 29, 2011 PACER
96

Witness List filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service.. (Bauer, Jeffrey) (Entered: 12/30/2011)

Dec. 30, 2011 PACER
97

NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Testimony of Stacy Tolchin filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. Motion set for hearing on 1/23/2012 at 02:30 PM before Judge Virginia A. Phillips. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Bauer, Jeffrey) (Entered: 12/30/2011)

Dec. 30, 2011 PACER
98

MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Jane Arellano, Department of Homeland Security, Irene Martin, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Service. (Bauer, Jeffrey) (Entered: 12/30/2011)

Dec. 30, 2011 PACER
99

NOTICE OF MOTION AND MOTION IN LIMINE #1 to Exclude Testimony of Elias Valdez filed by Plaintiff Tarek Hamdi. Motion set for hearing on 1/23/2012 at 02:30 PM before Judge Virginia A. Phillips. (Attachments: # 1 Declaration iso Motion in Limine #1, # 2 Exhibit Ex A - Valdez Depo, # 3 Exhibit Ex B - Valdez Exhibit, # 4 Exhibit Ex C - RFA, # 5 Proposed Order)(Pasquarella, Jennifer) (Entered: 12/30/2011)

Dec. 30, 2011 PACER
100

Joint Exhibit List filed by Plaintiff Tarek Hamdi.. (Escobosa Helzer, Belinda) (Entered: 12/30/2011)

Dec. 30, 2011 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 16, 2010

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Tarek Hamdi, a national of Egypt, lived in the United States for over 30 years. After marrying a U.S. citizen, he became a lawful permanent resident and, in 2001, he applied to naturalize as a U.S. citizen.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Citizenship and Immigration Service, Federal

U.S. Department of Homeland Security, Federal

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)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: 237650.47 (fees)

Issues

General:

Classification / placement

Religious programs / policies

Terrorism/Post 9-11 issues

Discrimination-basis:

Religion discrimination

Language:

Arabic

Immigration/Border:

U.S. citizenship - acquiring

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern